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HomeMy WebLinkAbout18 - PSA for Zoning Code and Budget AmendmentCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No.12 March 27, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Gregg Ramirez, Senior Planner (949) 644 -3219, gramirez @city.newport- beach.ca.us SUBJECT: Professional Services Agreement for Comprehensive Rewrite of the Zoning Code (Title 20) and Planning Department Budget Amendment RECOMMENDATION: Approve the Professional Services Agreement (PSA) with Hogle- Ireland for the Zoning Code Rewrite and CEQA Review. Approve budget amendment transferring $632,420 from the unappropriated General Fund reserve to a new Planning Department account, 2710 -XXXX Zoning Code Rewrite. DISCUSSION: Background: As a result of the voters approving the General Plan Update, the Zoning Code must be re -written to create consistency with the General Plan and implement new policies. The recently adopted General Plan introduces many new land use designations including new mixed -use designations tailored for specific geographic areas. The project includes writing new zoning provisions for these land use designations. The Proposal for Preparation of a Zoning Code Rewrite also requires the consultant to re- evaluate, and rewrite as necessary, use and development regulations of zoning districts that will be carried over into the new Zoning Code, as well as all residential and commercial development regulations to simplify use of the new Zoning Code. The proposal does not include altering the recently adopted Sign Code (Chapter 20.67). The General Plan /Local Coastal Program Implementation Committee and staff will work closely with the Consultant during the course of the rewrite. The following is a list of identified issues that will be addressed: Zoning Code Rewrite PSA March 27, 2007 Page 2 1. New districts, including additional residential density categories, additional commercial categories, mixed -use districts and possible overlay zones to implement new General Plan 2. Inclusionary housing requirements 3. Flexible zoning provisions to encourage development of desirable uses 4. Incentives /restrictions for waterfront uses 5. Incentives for marine businesses in West Newport Mesa 6. Prohibition of on -shore facilities for off -shore oil and gas production 7. Stronger waterfront access requirements 8. Public view protection 9. Revision of definitions 10. Revision of Use Classifications/Tables 11. Modification Permit Chapter 12.Accessory structure regulations 13. Eating and drinking establishment regulations 14. Chapter 20.86 (Low and Moderate Income Housing in the Coastal Zone) 15. Convert Specific Plans to conventional zoning or overlay zones 16. Transfer of Development Rights 17. Lot consolidation incentives (West Newport, Old Newport Boulevard, Mariners' Mile) 18. Height and grade regulations 19. Residential setbacks to remain on District Maps vs. a more general regulation 20.Alternatives to FAR for regulating size and bulk of houses 21. Minimum standards for residential outdoor living area /open space 22. Residential neighborhood character: design standards or guidelines, without a formal review process 23. Commercial interfaces with non - residential uses and buffering requirements 24. Commercial parking standards and in -lieu fee 25. Residential parking requirements based on size of homes 26. Establish lighting standards for commercial and residential uses 27. Non - conforming provisions 28. Review all Specific Plans and convert to conventional zoning, overlays or specific plans as defined in State law 29. Standards for commercial parking on residential lots in Corona del Mar 30. New provisions for rebuilding non - conforming commercial floor area in Corona del Mar 31. Natural habitat protection regulations for development adjacent to Buck Gulley and Morning Canyon 32. Coordination with Staff on the Local Coastal Program Implementation Plan Additionally, the proposal includes an optional analysis of the existing Planned Community regulatory documents to make necessary changes to implement the General Plan, and the Committee recommended that this task be included. The consultants will also review the PCs and rewrite them as necessary to improve Zoning Code Rewrite PSA March 27, 2007 Page 3 interpretation and administration. The budgeted amount for this task ($50,420) is an estimate at this time as the consultants have not had the opportunity to review the PC texts in detail yet. In addition, the consultants will not perform this work for PCs that are being amended by private property owners. Consultant Team The consultant team consists of principals from five planning firms, with decades of combined experience writing zoning codes. Ron Pflugrath, AICP, of Hogle Ireland will act as the Project Manager. Mr. Pflugrath worked on the comprehensive Sign Code update completed in 2005. Other team members include Bruce Jacobson of Jacobson and Wack, Laura Stearns of RBF Consulting, Paul Crawford, FAICP, of Crawford Multari & Clark Associates and Elwood (Woodie) Tescher, FAICP, of EIP Associates. The scope of work specifies that the principals listed above will perform the actual writing of the Code and provide advice and options for implementing General Plan policies. Public Participation The Zoning Code Rewrite project will include the appointment of a Technical Advisory Committee to work with the GP /LCP Implementation Committee. Comprised of local architects and developers, this sub - committee will assist the Committee and staff in the review of certain code provisions. Additionally, three public workshops will be held during the course of the rewrite to keep interested citizens and members of the development community apprised of the progress and identified issues. Schedule The schedule identifies tasks for the period of April 2007 — January 2008. The consultant team will meet with the General Plan /LCP Implementation Committee a minimum of every other week. Public Hearings on the Zoning Code Rewrite are tentatively scheduled to begin in November with the Planning Commission and in December with the City Council. Budoet Exhibit B of the Addendum to Proposal outlines the cost of the services identified in the Proposal. The consultant is proposing a total budget of $582,420, including environmental review, an on -line version of the code and the estimate of $50,420 for the PC texts (see Section E, Task 6 of the original budget). The budget includes work from all five of the consultant team members, three public workshops and multiple meetings with the General Plan /LCP Committee and staff. Details of the hourly rates are included in Section E of the Proposal (Exhibit A). Zoning Code Rewrite PSA March 27, 2007 Page 4 The Proposal does not include printing costs. It is anticipated that printing costs will be approximately $50,000 bringing the total budget to $632,420. Budget Amendment Since funds were not appropriated for the Code Rewrite in the 2006 -2007 fiscal year budget, staff is requesting that $632,420 be placed into a new Planning Department account, 2710 -XXXX Zoning Code Rewrite. Unspent funds will be carried over into a new Zoning Code Rewrite account next fiscal year. Environmental Review: The PSA is not defined as project subject to CEQA. However, the Zoning Code Rewrite is subject to CEQA and review of the project pursuant to CEQA will be completed. Public Notice: None required. Prepared by: n Gregg K. Aamired Senior Planner Attachment: Submitted by: Sharon Z. Wood Assistant City M' ger A. Professional Services Agreement with Hogle- Ireland, Inc. ATTACHMENT A s PROFESSIONAL SERVICES AGREEMENT WITH HOGLE- IRELAND, INC. FOR ZONING CODE REWRITE THIS AGREEMENT is made and entered into as of this 2nd day of April, 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and Hogle- Ireland, Inc. a California Corporation whose address is 2860 Michelle Drive, Irvine, California ( "Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to perform a comprehensive re- of the Zoning Code (Title 20 of the Municipal Code) for the purpose of implementing the General Plan. C. City desires to engage Consultant to perform a Zoning Code rewrite that will include an evaluation of the General Plan and existing Zoning Code and the drafting of new land use districts, regulations, administrative procedures and all other sections of the Zoning Code ( "Project"). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be Ron Pflugrath, AICP, of Hogle- Ireland. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 1st day of June, 2008, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Proposal for Preparation of a Zoning Code Rewrite and Proposal Addendum (Scope of Services) and attached hereto as Exhibit A and incorporated herein by reference. FA- The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates included in Exhibit A and Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five - Hundred Eighty Two Thousand Four Hundred Twenty Dollars and no /100 ($582,420) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing 2 % in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibits A and B. 4.4 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement. S. PROJECT MANAGER Consultant has designated Ron Pflugrath, AICP as Project Manager. He shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office. SHARON WOOD shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized 3 representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's cork promptly, or delay or faulty performance by City, contractors, or iovernmental agencies. 4 N 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 5 () 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and Prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 6 �� I. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liabilitv Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising 7 12 directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants are to be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to 8 l� perform work on this Project are identified in Exhibit A. The subconsultants authorized to work on the Project are Bruce Jacobson of Jacobson and Wack, Laura Steams of RBF Consulting, Paul Crawford, FAICP, of Crawford Multari & Clark Associates and Elwood Tescher, FAICP, of EIP Associates Consultant shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Agreement shall create any contractual relationship between City and subcontractors nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractors other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg° file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be 9 �y transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its 10 15 investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 26. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Sharon Wood City Manager's Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949- 644 -3222 Fax: 949 -644 -3020 11 4 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Ron Pflugrath, AICP Hogle- Ireland, Inc. 2860 Michelle Drive Irvine, Ca. 92606 Phone: 949- 553 -1427 Fax: 949- 553 -0935 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 12 �> 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 /P IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clausen City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Steven Rosansky Mayor for the City of Newport Beach CONSULTANT: By: Hogle- Ireland, Inc. CONSULTANT: Hogle- Ireland, Inc. Attachments: Exhibit A — Proposal for Code Rewrite Exhibit B— Addendum to Proposal 14 1 g Exhibit A Zb February 23, 2007 Gregg Ramirez, Senior Planner City of Newport Beach Planning Department 3300 Newport Blvd Newport Beach, CA 92663 Subject: Request for Proposal, Zoning Code Rewrite Dear Mr. Ramirez: Irvine Riverside Palm Springs On behalf of our Newport Beach consulting team, Nogle- Ireland (lead firm) is pleased to submit this proposal for the preparation of the City's Zoning Code rewrite and the Planned Community Development Plan revisions. In order to provide the City of Newport Beach with the best possible expertise for the Zoning Code rewrite, we have brought together a team of knowledgeable consultants with relevant experience in the City of Newport Beach. Our team consists of Nogle- Ireland, Inc., Jacobson & Wack (J &W), Crawford Multari & Clark Associates (CMCA), RBF Consulting (RBF), and EIP Associates (EIP). All team members have worked together on other assignments and several have a long- standing relationship for the preparation of zoning documents. EIP Associates (General Plan consultant) is an especially welcome member of the team. They provide the "bridge" to the General Plan and an in depth understanding of the factors that contributed to the identification of, the objectives for, and expected outcomes of the General Plan policies and implementation strategies. As our proposal demonstrates, we have extensive experience in updating zoning codes and other general plan implementation documents and ordinances. The proposal contains a list of projects for your review along with a list of selected references. We believe that our team's familiarity with zoning code preparation, together with our experience in Newport Beach (e.g., 2005 Sign Chapter and General Plan), will yield a superior document and will enable the successful completion of the Zoning Code rewrite within the City's aggressive schedule and approved budget. Our team also provides local accessibility with our project manager located in Irvine. Further, you should know that it is not our policy to ask for additional funds to complete a project unless the additional requested work is agreed to with City staff. We would like the opportunity to demonstrate our sincere interest in working with the City of Newport Beach. We encourage you to contact our previous clients to confirm that our team will deliver an excellent product that meets and even exceeds the City's expectations. If you have any questions or require further information, please contact me at 949 - 553 -1427. Respectfully submi d, /ZX__11 Ron Pflugrath, AIC� Senior Project Manager ww w. hog lei rel and corn Z/ i i 1 Proposal for Preparation of a Zoning Code Rewrite February 23, 2007 Prepared for the City of Newport Beach by: Hogle- Ireland Jacobson & Wack Crawford Multari & Clark Associates RBF Consulting EIP Associates I� Z� City of Newport Beach Proposal for Zoning Code A. UNDERSTANDING OF THE PROJECT When residents voted to approve the City's new General Plan in November, 2006 they did so with the expectation that the City's character would be maintained and when change did occur it would be for the better. Of course, the notion of what "change for the better" means can include maintaining the status quo, or fixing this or that slightly, or to some it might mean sweeping change. Sweeping change, however, is not what Newport Beach is about. Newport Beach is a mature city that is mostly built out, but that still desires to provide opportunities for growth and physical change through quality infill development and appropriate redevelopment. Through its new General Plan, the City seeks to preserve what is best about Newport Beach and to promote change in those areas where improvement will lead to the quality character that the City is so proud of. Policies in the City's new General Plan seek to "preserve, improve, promote, and maintain' the character and quality of the City. Our consulting team is aware of this theme, which is further evidenced by phrases like; Preserve the charm and beauty of residential neighborhoods Promote revitalization of older commercial areas Maintain the unique character of neighborhoods and business districts Improve circulation Preserve public views As the General Plan states, "Policies for the development of individual parcels are inseparable from those that address how they will fit together to create places that are valued by the City's residents —safe and attractive neighborhoods, walkable and active commercial districts, and hillsides, beaches, water, and open spaces that provide recreation and respite from an active lifestyle." We see our task for the Zoning Code rewrite as an extension of this idea. For while the General Plan provides the broader context for City development, maintenance, and preservation - how things fit and work together - it is the Zoning Code that determines what and how things happen on individual parcels that eventually fit together to form the greater City. In other words, the Zoning Code rewrite must pay attention to the smallest details. We understand that the General Plan establishes new land use categories, policies, and standards that require substantive revision of the Zoning Code in order to implement the General Plan and the community's vision for the future. At its core, the updated General Plan provides for the development of new housing to enhance existing underutilized districts. Other than Banning Ranch, this would occur within existing developed areas of the City as infill and replacement of previously permitted retail and office development capacity. To this end, a critical challenge for the Zoning Code rewrite will be the specification of development standards that achieve the compatible integration of housing with non - residential uses. The updated General Plan establishes a framework of policies for the development of cohesive residential villages within the Airport Area's fabric of office and industrial development and general policies for other commercial corridors and industrial districts. These policies must be elaborated on In drafting the Zoning Code rewrite. Other areas targeted for mixed -use are Mariners' Mile, West Newport Industrial, Newport Center /Fashion Island, and Balboa Peninsula, 2� Hogle- Ireland • Jacobson & Wack • Crawford Multad & Clark Associates • RBF Consulting • EIP Associates A-1 City of Newport Beach Proposal for Zoning Code Other General Plan policies for which development regulations need to be written are directed at achieving more economically sustainable districts, including lot consolidation in underutilized areas along Old Newport Boulevard and in West Newport and incentives for the attraction of marine - related businesses to the latter. Exclusions from floor area ratio requirements for the reconstruction of existing businesses in Corona del Mar also need to be provided. In preparing the updated Zoning Code, we will be mindful of the requirements of City Charter Section 423 (Measure S) that restrict development capacities in the City without further voter approval. These have been accounted for in the updated General Plan's land use maps that specify residential density nonresidential floor area ratios and, in some cases, maximum number of additional units and building square feet that can be accommodated. These also need to be reflected in the City's system of zoning maps. These and other key issues have been identified by the City's request for proposals, which are to be addressed in the Zoning Code rewrite. During our team's Zoning Code rewrite process, we will thoroughly review the General Plan, Zoning Code, and draft Local Coastal Program (LCP) Implementation Plan and identify any additional issues that may be necessary to add to the list to achieve an effective and usable ordinance. We will provide the Committee and staff with a disposition matrix indicating how and where each of the issues will be addressed in the new Zoning Code. Additionally, we understand that the current Zoning Code contains a number of speck plans that should be: 1) eliminated and their land use designations converted to conventional zoning, 2) converted to special overlay zoning districts, or 3) remain as specific plans and updated to comply with State law. We will review the specific plans and make recommendations for their elimination, conversion, or updating. For those that are to be eliminated or converted, we will provide speck Zoning Code text to implement the selected course of action. For those that are to be updated to comply with State law, we will advise staff as to needed revisions. We further understand that the Zoning Code has not been comprehensively updated (except the sign chapter in 2005) since its adoption in 1950. As a result of piecemeal changes and fixes over the years, the current Code is difficult to use, provides little flexibility, contains many exceptions, lacks adequate cross references and definitions, and contains standards that are difficult for staff and the public to understand, leading to wasted time at the public counter and in plan checking. We will reorganize, clarify, and simplify the Zoning Code so that users can find clearly understandable answers to their questions promptly. Our objectives for the Zoning Code rewrite are based on our understanding of the issues discussed above, the requirements expressed in the City's request for proposals, discussions with City staff, and our team's knowledge of the City. Based on this knowledge and understanding, we have developed a scope of work that will result in a new, comprehensively reorganized Zoning Code that implements the General Plan and Local Coastal Program and that is user friendly; written in clear, concise, easy -to- understand language; internally consistent; visually enhanced using quality graphics, tables, and matrices; responsive to current development trends; and easy to administer, enforce, and update. 2s Hogle- Ireland - Jacobson & Wack • Crawford Multarl & Clark Associates - RBF Consulting • EIP Associates A-2 i City of Newport Beach Proposal for Zoning Code As we currently envision the Zoning Code rewrite process, the following series of documents will be prepared: 1. Administrative Draft segments: First draft for Committee and staff review. 2. Preliminary Draft: First time committee and staff see the complete document. 3. Screencheck Draft: Third draft to ensure that comments have been appropriately addressed. 4. Public Review Draft: Fourth draft for Planning Commission and City Council review /approval. 5. Screenc heck Final Zoning Code: Draft to ensure accurate incorporation of changes approved by City Council. 6. Final Zoning Code: Final Zoning Code for codification and publication. 7. CEQA Documentation (optional): Negative Declaration using the General Plan and General Plan EIR as supporting document. 8. Online code (optional). In addition to the Zoning Code rewrite, the City has requested a review of approximately 47 existing Planned Community (PC) Development Plans to identify potential changes needed to implement the new General Plan. We have provided a separate scope of work and fee to accomplish this task. We will work closely with staff to identify which PC's need to be amended and which can be eliminated through rezoning. We also understand that in several cases private property owners will be providing their own recommended amendments. Finally, we have included an optional task to provide environmental documentation for the Zoning Code rewrite. Based on our past experience, a negative declaration based on findings of the General Plan EIR should be sufficient. An additional optional task is to provide an online code. We anticipate working very closely with the Committee and City staff throughout the process of Zoning Code preparation, review, and adoption and the Planned Community Development Plan revisions. We have established regularly scheduled meetings with the Committee and staff to ensure that the project moves forward in a consistent manner to meet the City's Identified deadline for adoption. We will also be highly responsive to any evolving City objectives that may emerge as the Zoning Code is rewritten and reviewed. Hogle- Ireland • Jacobson & Wack • Crawford Multari & Clark Associates • RBF Consulting • EIP Associates A-3 2,L City of !Newport Beach Proposal for Zoning Code THIS PAGE INTENTIONALLY LEFT BLANK 2� Hogle - Ireland • Jacobson & Wack • Crawford Multad & ClarkAssociates • RBF Consulting • EIP Associates A-4 r - _ Y r s k mx rv�. �: • t S .�, I • s, oq d r City of Newport Beach Proposal for Zoning Code B. TASK AND PRODUCT DESCRIPTION The following recommended work program is based on our current understanding of the City's needs and our experience with other similar projects. We are prepared to revise the scope of work as necessary to better satisfy the City's expectations for the project, Its available budget, and any time constraints. Task 1 - Scope Refinement and Committee and City Staff Participation The consultant team will develop an in -depth understanding of the City's expectations and objectives for the updated Zoning Code before beginning to draft the document: Subtasks: 1.1 Initial Scoping Meeting. The consultant team will hold a meeting with appropriate City staff members and representative(s) of the City Attorney's Office to: • Review the Ci*s expectations for the updated Zoning Code. • Refine and detail the project scope, budget, and work schedule as necessary. • Discuss problems and issues associated with present City land use and development regulations (including regulatory topics that need attention but are not fully addressed in current ordinances). • Discuss the status and probable disposition of each of the seven existing Specific Plans to facilitate completion of Task 3 (Specific Plans), below. • Tour the City in order to gain further understanding of the development issues and related Zoning Code fixes. • Review and discuss preliminary format and organization alternatives. • Receive from the City documents relevant to the updated Zoning Code including, but not limited to, General Plan EIR, environmental guidelines, zoning 'map, and other planning policy or regulatory documents (e.g., specific plans, redevelopment plans, Municipal Code, etc.). 1.2 Document Review. The consultant team will review all City documents relevant to the updated Zoning Code identified in Subtask 1.1, above. This subtask will involve particular attention to highlighting the goals and policies of the updated 2006. General Plan and contents of the draft 2006 LCP Implementation Plan. We will also work with City staff to review the overall Municipal Code to identify other provisions that should be included In the updated Zoning.Code, or that will at least need to be understood so that no conflicts occur with the updated Zoning Code provisions. <�9 Hogle- Ireland - Jacobson & Wack • Crawford Multad & Clark Associates - RBF Consulting - EIP Associates B - f City of Newport Beach Proposal for Zoning Code 1.3 Initial Committee Meeting. The consultant team will conduct a "kick -off' meeting with the Committee and appropriate City staff to initiate the work program for updating the Zoning Code. PRODUCTS: Refined Scope of Work for the updated Zoning Code, If needed Refined Work Schedule : 1.4 Summary Matrix of Zoning Code Issues. Based upon the results of meetings with the Committee and staff, and document review, the consultant team will prepare an initial Summary Matrix of Zoning Code Issues. The matrix will list the 32 items identified in Task One (Zoning Code Rewrite) of the City's RFP and other deficiencies in the existing Zoning Code identified during completion of Subtasks 1.1, 1.2, and 1.3. The matrix will indicate the revisions to correct these deficiencies and where the revisions will be addressed in the updated Zoning Code. The matrix Can be used to track revisions to the existing Zoning Code during the drafting process and is intended to assist in the preparation of staff report(s) when the updated Zoning Code goes through the public review and adoption process. It is expected that the matrix will undergo significant revision prior to project completion, PRODUCTS: Summary Matrix of Zoning Code Issues (one electronic copy) Task 2 - Zoning Code Preparation (RFP Task One: Zoning Code Rewrite) The updated Zoning Code will be crafted to implement the 2006 General Plan as well as the draft 2006 LCP Implementation Plan for those' portions of the community located within the Coastal Zone. Consistency with both documents will be the guiding principle for the development of the updated Zoning Code. The consultant team suggests preparation and delivery of an Administrative Draft of the updated Zoning Code in segments, rather than in a single deliverable. Our experience indicates that it Is easier for staff to give timely feedback and review of the overall content of the Draft Zoning Code when presented in segments. The order and content of the segments can be modified as desired by staff. Subtasks: 2.1 Draft Zoning Code Format and Outline. Based on input received during completion of Task 1 (Scope Refinement and Committee and City Staff Participation), above, the consultant team will prepare a draft annotated outline, style sheet, and sample Chapter format to illustrate the recommended format and style of the updated Zoning Code. The 32 issues identified in Task One of the RFP will be addressed in the tasks and subtasks identified in the Issue Disposition Table, below. After staff review, the consultant team will finalize any desired changes. The consultant team will work with the Committee and City staff to provide information on the status of the updated Zoning Code project on the City's website. 30 Hogle- Ireland - Jacobson & Wack • Crawford Multarf & Clark Associates • RBF Consulting - EIP Associates B-2 City of Newport Beach Proposal for Zoning Code Issue Dis ositlon Table List of Issues (From list provided In Task One of the RFP) Task ✓§ Subtask Numbers 1 New districts, including additional residential density categories, additional commercial ca ones mixed -use districts and possible overlay zones to implement new General Plan 2.2 2 Inciusionary housing requirements 2.3 3 Flexible zoning provisions to encourage development of desirable uses 2.3 4 Incentives restrictions for waterfront uses 2.3 5 Incentives for marine businesses in West Newport Mesa 2.3 6 Prohibition of onshore facilities for offshore oil and gas production 2.2 7 Strom er waterfront access requirements 2.3 8 Public view Drotection 2.3 9 Revision of definitions 2.2 30 Revision of use classifications/tables 2.2. 11 Modification Permit Chapter 2.4 12 Accessory structure regulations 2.3 13 Eating and drinking establishment regulations 2.3 14 Chapter 20.86 Low and Moderate Income Housing in the Coastal Zone 2.3 15 Convert S ecific Plans to conventional zoning or overlay zones 2.2 and 5 16 Transfer of Development Rights 2.3 17 Lot consolidation Incentives (West Newport, Old Newport Boulevard Mariners' Mile 2.2 and 2.3 18 Height and grade regulations 2.2 and 2.3 19 Residential setbacks to remain on District Maps vs. a more general regulation 2.2 20 Alternatives to FAR for regulating size and bulk of houses 2.2 and 2.3 21 Minimum standards for residential outdoor livinci arealopen space 2.3 22 Residential neighborhood character: Design standards or guidelines without a formal review Process 2.3 23!'.•. - Commercial Interfaces with nonresidential uses and bufferfnq requirements 2.2 and 2.3 24 Commercial Parldng standards and in -lieu fee ' 2.3 25 Residential parldng requirements based on size of homes 2.3 26 Establish lighting standards for commercial and residential uses 2.3 27 Nonconforming provisions 2.4 28 Review all Specific Plans and convert to conventional zoning, overlays, or specific plans as defined In State law 5 29 1 Standards for commercial parldng on residential lots in Corona del Mar 2.3 30 New prmisions for rebuilding nonconforming commercial floor area in Corona del Mar 2.2 and 2.4 31 Natural habitat protection regulations for development adjacent to Buck Gulley and Mornin Can on 23 32 Coordination with Staff on the Local Coastal Program Implementation Plan 2 PRODUCTS: Zoning Code fomnat style sheet; sample chapter in tentatively approved fomnat (one electronic copy) Project update sheets (up to 10 one page documents). 31 Hogle - Ireland • Jacobson & Wack • Crawford kluftari & Clark Associates • RBF Consulting • EIP Associates B-3 City of Newport Beach Proposal for Zoning Code 2.2 Zoning District Provisions. The consultant team will draft the chapters of the updated Zoning Code containing regulations applicable in specific zoning districts and any special purpose and overlay /combining districts. At a minimum, these provisions will address the following and any other topics desired by the City. A land use classification system that clearly identifies uses that may be allowed in each zoning district. This classification system will consolidate the City's current use categories and use descriptions by providing for uses that are not currently addressed and by using clear terminology to define each allowable use. The classification system will employ up-to -date terminology, and an appropriate combination of specific and generic land use types. Definitions of all land use types included within the classification system will also be provided. 2. Descriptions of each zoning district, the land uses allowed within them, and the type of ministerial or discretionary land use approval required for each use (some uses may be allowed with no land use permit, subject to compliance with applicable standards and obtaining any necessary construction permits) will be provided. Special attention will be given to reviewing each zoning district with staff to ensure that specific uses are appropriate and consistent with the updated General Plan. New zoning districts with appropriate uses will be added to implement the new land use designations provided in the General Plan (e.g., Residential Neighborhoods, Commercial Districts and Corridors, Commercial Office Districts, Industrial Districts, Airport Supporting Districts, Mixed -Use Districts, and Public, Semi - Public and Institutional Districts). 3. Development standards for each zoning district (e.g., building envelope standards, floor area ratios, height limitations, setback requirements, site coverage requirements, etc.) organized in tables and graphically illustrated wherever possible. 4. Ensure consistency with the General Plan land use designations and implement the General Plan policies. 5. Ensure consistency with the draft 2006 LCP Implementation Plan for those portions of the community located within the Coastal Zone. 6. Definitions of technical terms and phrases used in the updated Zoning Code, including abbreviations. An initial set of definitions will be included with the first submittal and will be supplemented in subsequent drafts. The zoning district provisions will be sent to City staff for review and distribution to the Committee. The consultant team will then meet with the Committee and staff to discuss desired changes and direction for our work in Task 2.3. PRODUCTS: Administrative draft zoning district provisions, revised definitions (one electronic copy) 3e Hogle - Ireland • Jacobson & Wack • Crawford Multad & Clark Associates • RBF Consulting • EIP Associates B-4 City of Newport Beach Proposal for.Zoning Code 2.3 General Development and Specific Use Standards. The consultant team will draft the chapters of the updated Zoning Code containing regulations that apply in multiple zones and overlay /combining districts, and regulations for specific land uses. At a minimum, these chapters will address the following topics. Other related topics may be included at the discretion of City staff. General site planning and development standards. These will be brief paragraphs with requirements that could apply to a variety of land uses regardless of the applicable zoning district. These will address site access requirements; fences, hedges, and walls; buffering and screening; noise regulations; outdoor lighting standards; performance standards (e.g., air quality, glare, vibration, etc.), undergrounding of utilities; and other topics determined to be appropriate by the City's project manager. 2. Affordable housing requirements, density bonus provisions, and related incentives. 3. Landscaping standards, including specific requirements for preliminary and final landscape plan submittal and review. 4. Off- street parking and loading standards, including parking and loading area design, landscaping requirements, parking in -lieu fees, pedestrian circulation requirements, bicycle and motorcycle parking, etc. 5. Sign regulations. The consultant team will format and Incorporate the sign provisions adopted in 2005. .6. Standards for specific land uses as deemed appropriate by the City (e.g., adult oriented businesses, child day care facilities, coastal dependent uses, home occupations, second dwelling units, wireless and telecommunications facilities, etc.). to further ensure implementation of the 2006 General Plan as well as the draft 2006 LCP Implementation Plan for those portions of the community located within the Coastal Zone. 7. Incorporate Transfer of Development Rights provisions. The general development and specific use standards will be sent to City staff for review and distribution to the Committee. The consultant team will then meet with the Committee and staff to discuss desired changes and direction for our work in Task 2.4. PRODUCTS: Administrative draft general development and specific use standards (one electronic copy) 2.4 Administrative Provisions. The team consultant will draft the chapters of the updated Zoning Code containing administration and development application filing and processing procedures. At a minimum, these chapters will address the following and any other topics desired by the City: 33 Hogle- treland - Jacobson & Wack • Crawford Mu WI & Clark Associates • RBF Consulting • EIP Associates B-5 City of Newport Beach Proposal for Zoning Code 1. Purpose and adoption of the updated Zoning Code, applicability, responsibility and administrative authority, interpretation procedures, and provisions addressing applications deemed complete but not yet decided, that may be affected by adoption of, and future amendments to, the updated Zoning Code ("pipe -line" applications). 2. Definition of the roles of each project processing and review authority, Including the Planning Department, Planning - Director, Zoning Administrator, Planning Commission, City Council, and any other necessary entitles. 3. Administrative procedures for discretionary permits (e.g., Coastal Development Permits, Emergency Permits, Modification Permits, Site Plan Review, Use Permits, etc.), Variances, and other project review procedures, appeals, public hearings, nonconforming use and structure provisions, and amendments (e.g., General Plan, LCP, Zoning Code, and Zoning Map, development agreements, specific plans, etc.) Proposed procedures will emphasize efficiency, simplicity, and streamlined . processing, while ensuring thorough and effective project review to achieve City's objectives. 4. Enforcement provisions, including but not limited to, legal remedies (criminal and civil), procedural requirements, recovery of costs directly related to enforcement actions, and the identification of the property ownertviolator rights and procedures for appeal. The administrative provisions will be sent to City staff for review and distribution to the Committee. The consultant team will then meet with the Committee and staff to discuss desired changes. PRODUCTS: Administrative draft Zoning Code procedural and administrative chapters (one electronic copy) 2.5 Preliminary Draft Zoning Code. The consultant team will revise the contents of the administrative draft segments based on previous Committee and staff input and will prepare the remaining parts of the Preliminary Draft Zoning Code, including a detailed table of contents, graphics, and illustrations. Graphics will be incorporated throughout the updated Zoning Code wherever they may assist users in visualizing the meaning and applicability of development standards, or otherwise improving understanding and /or ease of use. The administrative provisions may incorporate flowcharts and other graphics if the Committee, City staff, and the consultant team determine that the illustration of procedures would be helpful. The consultant team will not artificially limit the. number of illustrations /graphics to be included in the updated Zoning Code, but will instead provide graphics wherever they will be of use. We will assemble a complete Preliminary Draft Zoning Code and forward copies to City staff for review and distribution to the Committee. The consultant team will then meet with the Committee and staff to discuss desired changes. PRODUCTS: Preliminary Draft Zoning Code (one electronic copy) iy Hogle - treland - Jacobson & Wack - Crawford Mulled & Clark Associates - RBF Consulting - EIP Associates B-6 City of !Newport Beach Proposal for Zoning Code 2.6 Screencheck Draft Zoning Code. A Screencheck Draft Zoning Code will be prepared to verify that all requested changes to the preliminary draft have been properly completed, and that all final graphics are acceptable. PRODUCTS: Screencheck Draft Zoning Code (one electronic copy) 2.7 Public Review Draft Zoning Code. A Public Review Draft Zoning Code will be prepared and provided to the City for review by the Planning Commission, City Council, and the general public during the workshop /public hearing process. PRODUCTS: Public Review Draft Zoning Code (one electronic copy) Task 3 - Specific Plans (See Item #15 and 28 from list provided in Task One of the RFP) Subtasks: 3.1 Document Review. The consultant team will carefully review each of seven existing Specific Plans and provide a recommendation to City staff relating to the probable disposition (e.g., needed updates or elimination) of each Specific Plan. 3.2 Advise Staff Regarding Updates. For those Speck Plans that are to be updated to comply with State law, the consultant team will advise staff as to needed revisions. 3.3 Map and Tent Changes. The consultant team will prepare the list of Speck Plans to be eliminated, along with needed Zoning Map and Zoning Code text changes in compliance with the recommendations agreed to in Subtask 3.1. Task 4 — Committee Meetings and Team Coordination This task will involve Committee meetings where the Committee (aka the Council appointed General Plan /Local Coastal Plan Implementation Committee), City staff including representative(s) of the City Attorney's Office, and members of the consultant team meet to resolve problems identified in the current Zoning Code and to review specific segments of the updated Zoning Code as drafting continues toward completion of the Public Review Draft Zoning Code. This task will also include team coordination to ensure that the consultant team remains responsive to the emerging needs of the City. Subtasks: 4.1 Committee Meetings. The Committee is scheduled to meet every other Wednesday to "...oversee the Zoning Code rewrite and other projects to implement the new General Plan" during the full course of this work program. This means that approximately 18 Committee meetings will take place between the City Council's approval of the contract on March 27, 2007 and the first reading of the ordinance to adopt the updated Zoning Code during January, 2008. At least two consultant team members (and possibly three) will attend each of the 18 Committee meetings, depending on the anticipated topics for discussion. The budget for this Subtask is based on three consultant team members attending 18 long meetings (5 plus hours each), but if the meeting runs less than five hours, the charge for that meeting will be billed at the short meeting (less than 5 hours) Hogle - Ireland • Jacobson & Wack - Crawford Multad & Clark Associates - RBF Consulting - EIPAssociates B-7 3s City of Newport Beach Proposal for Zoning Code rate. Similarly, if less than three members need to attend, the billing will be adjusted accordingly. If consultant team attendance is not needed at a specific Committee meeting, no consultant team member will attend and the City will not be billed for that meeting. If desired by the City, the consultant team will attend additional Committee meetings on a time- and - materials basis at the rates noted in the proposed budget. 4.2 Project Coordination. Ron Pfiugrath, project manager, will be responsible for team coordination meetings, individual contacts, group interaction, and overall project management. Consultant team member conference calls will be conducted every two weeks, to coincide with the scheduled Committee meetings discussed in Subtask 4.1, above. Additionally, consultant team member in- person meetings will be conducted as determined to be necessary by the team project manager and, if needed, will be conducted following a Committee meeting. Coordination meetings with the City staff will be conducted by the two project managers (e.g., City and team) and others as needed, following scheduled Committee meetings. Task 5 — Public Review and Adoption Subtasks: 5.1 Planning Commission Workshops /Hearings. The consultant team will attend and participate in up to two public workshops and/or hearings with the Planning Commission to review the draft Zoning Code. If desired by the City, the consultant team will attend additional meetings on a time -and- materials basis. At least two consultant team members (and possibly three) will attend the Planning Commission workshops /hearings, depending on the anticipated topics for discussion. Each workshop /hearing will be preceded by discussion with staff to work out respective responsibilities, and review conclusions reached at the prior meeting, to the extent that "debriefing' did not occur immediately after the preceding meeting or later via telephone. During the workshops/hearings, the consultant team will provide support for Planning Commission and public review, as determined appropriate by the City's project manager, by being available to answer questions about proposed provisions, discuss possible changes, and draft revised language in response to staff or Planning Commission direction, for consideration at later meetings. 5.2 City Council Workshops /Hearings. The consultant team will attend and participate in up to two public workshops and/or hearings where the City Council considers the adoption of the updated Zoning Code. If desired by the City, the consultant team will attend additional meetings on a time - and - materials basis. At least two consultant team members (and possibly three) will attend the City Council hearings, depending on the anticipated topics for discussion. As in the case with the Planning Commission workshops /hearings, the consultant team will provide support for City Council and public review by being available to answer questions about proposed provisions, discuss possible changes, and draft revised language in response to staff or City Council direction, for consideration at later meetings. 36 Hogla-keland - Jacobson & Wack " Crawford Multad & Clark Associates • ROF Consulting - EIP Associates B-8 City of Newport Beach Proposal for Zoning Code 5.3 Screencheck Final Zoning Code. After adoption of the updated Zoning Code and before its effective date, the consultant team will prepare a final version, incorporating all changes made by the City Council. The consultant team will provide a screencheck version so that City staff can verify that the document accurately incorporates all changes approved by the City Council during the adoption process. PRODUCTS: Screencheck Final Zoning Code (one electronic copy) 5.4 Final Zoning Code. The consultant team will prepare the final Zoning Code for delivery to the City for codification and publication. The team will provide a reproducible camera - ready copy of the adopted document and an electronic copy in Microsoft Word software. Graphics will be provided in both reproducible hard copy form and in electronic form. PRODUCTS: Final Zoning Code (one reproducible copy), together with an electronic copy on a CD -ROM in Microsoft Word format and PDF format for placement on City's website. Task 6 - Planned Community Development Plan Revisions (See RFP Task Two: Planned Community Development Plans) Subtasks: 6.1 Kick -Off Meeting. The consultant team will conduct a kick -off meeting with City staff to gain a more detailed understanding of each of the Planned Community Development Plans relative to their probable disposition (e.g., update or eliminate). 6.2 Document Review. The consultant team will carefully review each Planned Community Development Plan and provide a recommendation to City staff relating to the needed updates or elimination of each Planned Community Development Plan along with needed Zoning Map changes. 6.3 Prepare Updates. The consultant team will prepare the updates to the Planned Community Development Plans needing update. 6.4 Map and Text Changes. The consultant team will prepare the list of Planned Community Development Plans to be eliminated, along with needed Zoning Map and Zoning Code text changes in compliance with the recommendations agreed to in Subtask 6.2. 6.5 Staff Meetings and Public Hearings. If desired by City staff, the consultant team will participate in City staff meetings and the public hearing phase of the updates to the Planned Community Development Plans. Discussions regarding CEQA requirements to be conducted at the appropriate time in the process and on a time and materials basis. 3� Hogle- Ireland - Jacobson & Wack - Crawford Multad & Clark Associates - RBF Consulting - EIP Associates B-9 City of Newport Beach Proposal for Zoning Code Optional Tasks 1. CEQA Documentation The consultant team will prepare and submit for staff review and comment an Initial Study for the updated Zoning Code, in compliance with the California Environmental Quality Act (CEQA) and adopted City guidelines. The appropriate environmental document to be prepared after the Initial Study will be based on an assessment of potential environmental impacts, review of the Final Program EIR for the Newport Beach 2006 General Plan, and any supplemental analysis, findings, and mitigation monitoring required by the provisions of the updated Zoning Code. Based on the consultants' past experience and the fact that the Zoning Code provisions are fundamentally mitigation measures themselves, the document will be either a Negative Declaration (ND) or Mitigated Negative Declaration (MND), prepared in compliance with CEQA. i I PRODUCTS: Initial Study/Negative Declaration or Mitigated Negative Declaration document (one electronic copy) 2. On -Line Zoning Code As an optional task, the consultant team will produce a complete, hypertext version of the updated Zoning Code for the City's World Wide Web home page, containing all text, charts, graphics, and illustrations included in the printed document. The functional details of the On- Line Zoning Code and the appearance of its user interface will be worked out through discussions with City staff during the initial project meetings; however, the following describes our suggested approach. A user of the Zoning Code website will find a scrollable hypertext table of contents showing titles of all chapters. Any selection will jump to the applicable page. Each page is scrollable (pages larger than the computer screen frame can be shifted up or down to allow viewing of all parts of the page). "Forward" and "Back" buttons on the web browser software toolbar at the top of the screen will allow moving from page to page. Additional functions will allow: printing individual or groups of pages; saving one or more pages to a text file; marking a page or section for future reference; and accessing a key word search of. the entire Zoning Code. The website Zoning Code will be produced in two tasks. A "proof of concept' version, consisting of the user interface, search, and other facilities with a demonstration portion of the data, will be produced for City staff review. A final, complete version of the website will be produced after City Council adoption of the final document. The consultant team will assist with the installation of a test version of the software in the Department (or on the consultant's website) and instruct City staff on its use. Based on City staff feedback from use of the test version, the consultant team will prepare final versions of the software and conduct workshops for staff on the installation and use of the system. The consultant team will remain available to answer City staff questions and correct any problems with the software for a period of one year at no additional cost to the City. An excellent example of an on -line Zoning Ordinance that we just finished can be found at the following web address: http: //www.ci.pasadena.ca.us /zoninglindex.htmi. 3s Hogle- Ireland " Jacobson & Wack • Crawford Multad & Clark Associates • RBF Consulting • EIP Associates B_ 10 VA i City of Newport Beach Proposal for Zoning Code C. CITY STAFF TIME AND RESOURCE COMMITMENTS The Committee and City staff will play a critical role on the overall project team. by providing the primary guidance for, and feedback to, the consultant team in the drafting of the Zoning Code. Specific needs for the Committee and staff Involvement will include: 1. Reviewing and commenting on each of the administrative draft Zoning Code segments produced in Task 2 as to their acceptability and appropriateness, both in terms of language and presentation; 2. Reviewing and commenting on the completed drafts of the Zoning_ Code and the screencheck final Zoning Code as to their accuracy in incorporating changes directed by staff, the Commission, and Council; 3. Reviewing and commenting on all CEQA required functions related to the adoption of the Zoning Code; 4. Reviewing and commenting on the completed drafts of the Specific Plan Revisions and the i screencheck final Specific Plan Revisions as to their accuracy in incorporating changes directed by staff, the Commission, and Council; 5. Reviewing and commenting on the completed drafts of the Planned Community Development Plan Revisions and the screencheck final Planned Community Development Plan Revisions as to their accuracy in incorporating changes directed by staff, the Commission, and Council; 6. Reviewing and commenting on all CEQA required functions related to the adoption of the Planned Community Development Plan Revisions; and 7. Being available to respond to questions and needs for additional information throughout the drafting process. Resources and documentation required for this project will include the following: 1. Signed contract with City. 2. Notice to Proceed from City. 3. Copies of all recent (and on- going) ordinance amendments. 4. Copies of the City's existing Official Zoning Map. 5. Copies of existing Design Guidelines. 6. Copies of the General Plan EIR. 7. Copies of adopted specific plans and planned community development plans. Yn Hogle- Ireland • Jacobson & Wack • Crawford Multarl & Clark Associates • RBF Consuffing • EIP Associates C-1 City of.Newport Beach Proposal for Zoning Code 8.. Copies of all Department handouts, fee schedule, and other development - related City documents. 9. Copies of all pertinent City policies (formal and informal) both in hard copy and in an electronic format. IV// Hogle- Ireland . Jacobson & Wack • Crawford Mult d & Clark Associates • RBF Consulting • EIP Associates C- 2 W g F r U W a 6 'a i m s a a ag f� 4 N 5 � \ t til �t 1 J l 11 t f 1 4 1 4 � \ 1 t: TWO 0: its sit 1 NP WE m City of Newport Beach Proposal for Zoning Code E. PROJECT BUDGET The proposed project budgets include all services and products described in Part B (Task and Product Description). Our total proposed fee for the Zoning Code Rewrite is $412,580, exclusive of optional costs. Our total proposed fee for the Planned Community Development Plan Revisions is $50,420. The labor costs on which the fees are based are detailed in the table below (Hourly Billing Rates). We are prepared to revise the work plan and budget as necessary to satisfy the City's goals for the project and any financing limitations. The proposed fee is based on the following billing rates, which will also be used for any additional work performed on a time and materials basis. Principal, Director of Urban Planning and Additional meetings: Public meetlngslhearings Committee /Staff meetings -Short (up to 5 hrs) 75 $220 per hour $1.000 per consultant $750 per consultant Hogle- Ireland • Jacobson & Wack • Crawford Multari & Clark Associates • RBF Consutung • EIP Associates E-1 /S City of Newport Beach Proposal for Zoning Code THIS PAGE INTENTIONALLY LEFT BLANK Hogla- Ireland • Jacobson & Wack+ Crawford Multan & Clark Associates • RBF Consulting • EJPAssociates E-2 I Proposal for the City of Newport Beach - Zoning Code Rewrite BUDGET Scop Refinement and Committee and City Staff Participation 1.1 Initl Scoping Meeting 1.2 Docu t Review 1.3 Initial Co ittee Meeting 1.4 Summary M x of Zoning Code Issues Zoning Code Prepa 2.1 Draft Zoning Code Fo t and Outline 2.2 Zoning District Provision 2.3 General Development and cific U andards 2.4 Administrative Provisions 2.5 Preliminary Draft Zoning Code 2.6 Screencheck Draft Zoning Cod O 2.7 Public Review Draft Zoning e Specific Plans 3.1 Document Review 3.2 Advise Staff Regard' Updates 3.3 Map and Text Ch es Committee Meetl $ and T m dinatio/ 4.1 Committee tl (1 oe 4.2 Protect C ination Public Review an option 5.1 Planning Commisst W sfHearings (2) 5.2 City Council Worksho Hearings / (2) 5.3 Screencheck Final Zonin Code 5.4 Final Zoning Code Total 16 or 8 Staff Time hours 24 $3,240 1 8 8 Grephicsl Task Principals Associate Document Total Hours Cost Design! Production Scop Refinement and Committee and City Staff Participation 1.1 Initl Scoping Meeting 1.2 Docu t Review 1.3 Initial Co ittee Meeting 1.4 Summary M x of Zoning Code Issues Zoning Code Prepa 2.1 Draft Zoning Code Fo t and Outline 2.2 Zoning District Provision 2.3 General Development and cific U andards 2.4 Administrative Provisions 2.5 Preliminary Draft Zoning Code 2.6 Screencheck Draft Zoning Cod O 2.7 Public Review Draft Zoning e Specific Plans 3.1 Document Review 3.2 Advise Staff Regard' Updates 3.3 Map and Text Ch es Committee Meetl $ and T m dinatio/ 4.1 Committee tl (1 oe 4.2 Protect C ination Public Review an option 5.1 Planning Commisst W sfHearings (2) 5.2 City Council Worksho Hearings / (2) 5.3 Screencheck Final Zonin Code 5.4 Final Zoning Code Total 16 or 8 24 $3,240 1 8 8 18 2,040 2418 4 44 $5,580 11TOTAL ESTIMATED COST ® \ 11 $412,580 H reserve or The fees contained In this proposal budget shelf be valid for a period of 90 days. ��7 i Proposal for the City of Newport Beach - Planned Community Development Plan Revisions BUDGET Planned Community Development Plan Revisions 6.1 Kick -Off Meeting 6.2 Document Review 6.3 Prepare Updates 6.4 Map and Text Changes 6.5 Public Hearings Total Houml 2621 1041 1041 366 11TOTAL ESTIMATED COST 550,420 The fees contained in the proposal shall be valid for a period of 90 days. `Progress billings will be forwarded to the Client on a monthly basis based time and materials and upon our standard hourly rates, depending upon the professional's level of expertise. The Consultant shall notify Client when the earned fee amounts to approximately 60% of the above estimated budget amount and shall notify Client as to the status of the project and any potential need for a budget augmentation. 0 Staff Time (hours) Graphical Task Principals Asocistas Do ume t Total Hours Task Cost Production Planned Community Development Plan Revisions 6.1 Kick -Off Meeting 6.2 Document Review 6.3 Prepare Updates 6.4 Map and Text Changes 6.5 Public Hearings Total Houml 2621 1041 1041 366 11TOTAL ESTIMATED COST 550,420 The fees contained in the proposal shall be valid for a period of 90 days. `Progress billings will be forwarded to the Client on a monthly basis based time and materials and upon our standard hourly rates, depending upon the professional's level of expertise. The Consultant shall notify Client when the earned fee amounts to approximately 60% of the above estimated budget amount and shall notify Client as to the status of the project and any potential need for a budget augmentation. 0 City of Newport Beach Proposal for Zoning Code F. PERSONNEL AND QUALIFICATIONS Description of Team We propose to assist the City of Newport Beach in the preparation of its updated Zoning Code with a team of consultants consisting of principals from Hogle - Ireland, Jacobson & Wack (J &W), Crawford Multari & Clark .Associates (CMCA), EIP Associates, and an associate from RBF Consulting (RBF). Hogle•Ireland, Inc. 2860 Michelle Drive, Suite 100, Irvine, CA 92606 949-553 -1427 (office) 1949- 553 -0935 (fax) www.hogleirdiand.com Hogle- Ireland is a California Corporation and has been in business since January 1988. Our corporate office is located in the City of Irvine with two additional full. service offices in Riverside. and Palm Springs. We have approximately 80 professional level planners on staff, most of whom . have city staff planning experience and knowledge of regulatory/discretionary processes. The partners of the firm, Larry Hogle, Paul Ireland, Pamela Steele, and Mike Thiele, bring wide and varied experience having served as Community Development Directors for various California cities. Additional members of the firm have served in Community DevelopmentfPlanning Director positions, and all our senior level personnel have served in managerial positions in Planning Departments, Redevelopment Agencies, Public Works Departments, Building Departments, or Housing Authorities. Our staff understands city planning processes. Jacobson & Wack (J &W) 9530 Hageman Road, Suite "B" 205, Bakersfield, CA 93312 661- 213 -4100 (office) /213 -4111 (fax) jwplans@lightspeed.net The partnership of Jacobson & Wack is a specialized firm providing planning consulting services exclusively to California cities and counties since 1980. Mr. Jacobson and Mr. Wads represent approximately 60 years of collective local planning experience in the public sector and in private consulting practice. Jacobson & Wack specializes in the implementation of community planning programs through the preparation of development codes, zoning and subdivision ordinances, local coastal programs, and rezoning studies and related programs. W Hogle - Ireland • Jacobson & Wack • Crawford Multari & Clark Associates • RBF Consulting • EIP Associates F-1 City of Newport Beach Proposal for Zoning Code Crawford Multari & Clark Associates (CMCA) 641 Higuera Street, Suite 302, San Luis Obispo, CA 93401 (805) 541 -2622 (office) /541 -5512 (fax) cmca@cmcaplans.com Crawford Multad & Clark Associates provides comprehensive consulting services in community planning, zoning and development codes, environmental planning and resource management, planning agency computer applications, and planning agency operations and management. Established in early 1990 by Paul Crawford and Mike Multari, who were later joined by Chris Clark, JD, AICP, the San Luis Obispo -based firm has worked on over 250 planning projects for over 100 California cities, counties, special districts, and state agencies. EIP Associates, a division of PBS &J (EIP) 12301 Wilshire Boulevard, Suite 430, Los Angeles, CA 90025 310.268.8132 (office)/310.268.8175 (fax) ectescher @pbsj.com EIP Associates is a multi - disciplinary firm offering urban planning, design, environmental and public engagement services with offices located in Los Angeles, Pasadena, San Francisco, and Sacramento. Since our founding in 1968, a broad range of products has been completed for public and private sector clients throughout the State. Among these are specific plans, general plans, urban design plans, community and neighborhood plans, redevelopment1revitalization plans, development master plans, municipal codes and overlay zones, and environmental documents. RBF Consulting (RBF) Urban Design Studio, 14725 Alton Parkway, Irvine, CA 92618 (949) 472 -3430 (office)/8374122 (fax) Istearns @rbf.com The Urban Design Studio in the Planning Department at RBF Consulting is a collaboration of urban planners and designers, providing planning and design services to the public and private sectors. The firm specializes in the following areas: ➢ General Plans D Urban Design ➢ Zoning Ordinances ➢ Design Guidelines ➢ Specific Plans ➢ Downtown Revitalization D Public Participation ➢ GIS Team Staffing, Organization, and Management The actual individuals who will draft the City of Newport Beach updated Zoning Code are: Ron Pflugrath, AICP, of Hogle- Ireland, Bruce Jacobson, of Jacobson & Wack, Paul Crawford, FAICP, of Crawford Multari & Clark Associates, Woodie Tescher, AICP, of EIP Associates, and Laura Steams, J.D., of RBF Consulting. The qualifications of each are described in the following section. Hogle4reland • Jacobson & Wack • Crawford MuHari & Clark Associates • RBF Consulting • EIP Associates F-2 CitY of Newport Beach Proposal for Zoning Code We believe that our team's familiarity with zoning code preparation, together with our experience in Newport Beach (e.g., 2005 Sign Chapter and General Plan), will yield a superior document and will enable the successful completion of the Zoning Code rewrite within the City's aggressive schedule and approved budget. Our team also provides local accessibility with our project manager located in Irvine. 1. Ron Pflugrath will serve as project manager and editor, and primary liaison with the City. 2. Bruce Jacobson and Paul Crawford will prepare the zoning districts, allowable list of uses, zone - driven standards, and definitions for the updated Zoning Code, with coordination and input with Woodie Tescher. 3. Ron Pflugrath and Laura Stearns will prepare the general development standards (e.g., landscaping, parking, etc.) and standards for specific land uses, with coordination and Input with Woodie Tescher. 4. Bruce Jacobson will prepare the administrative provisions of the updated Zoning Code. 5. Ron Pflugrath, Bruce Jacobson, and Paul Crawford will be responsible for coordinating the Zoning Code rewrite with the draft 2006 LCP Implementation Plan. 6. Hogle- Ireland will also be responsible for project contract administration and document production of the updated Zoning Code, 7. Hogle- Ireland graphics technicians will prepare the graphics for the updated.Zoning Code, with coordination and input with Woodie Tescher. All, members of our team have extensive experience working on effective and successful consulting teams, on a wide variety of projects. We maintain dally contact, and have been acknowledged by all of our clients as being particularly effective in "staying in .touch" regarding, emerging questions and issues during product drafting. During product preparation, draft materials will be circulated among the consultant team members via email, and Ron Pflugrath will serve as the final editor to ensure internal consistency of language, quality, and style. Team Member Profiles Ron Pflugrath, AICP - Project Manager Mr. Pflugrath, Senior Project Manager for Hogle- Ireland, Inc. has over 30 years of varied urban planning experience, including positions with California cities and consulting firms. His municipal planning experience covers both current and advance planning, including preparation of various general plan elements, redevelopment plan studies, and zoning ordinances. In a previous position with RBF Consulting, Mr. Pflugrath prepared over 30 development codes and zoning ordinances, several of which have received local and State APA planning awards. He has also prepared numerous design standards /guidelines documents, specific plans, and freestanding design guidelines manuals. Mr. Pflugrath was a major contributor to the national APA award - winning City of San Bernardino Development Code.. S� Hogle - Ireland • Jacobson & Weck • Crawford Multari & Clark Associates • RBF Consulting • ElP Associates F-3 City of Newport Beach Proposal for Zoning Code Bruce Jacobson Principal with Jacobson & Wack, Bruce Jacobson is a land use planner and administrator with over 30 years of planning experience. With Jacobson & Wack he has worked on over 90 zoning ordinances, subdivision ordinances, design guidelines, and development codes. Earlier planning positlons include Deputy Planning Director for San Luis Obispo County, Principal Planner for Ventura County, and Planning Director for the City of Santa Paula. His work on the City of San Bernardino Development Code was recognized with a national award for outstanding planning from the American Planning Association. The APA award selection jury cited the Code's easy to use format, graphics, and straightforward (non - legalese) language as major attributes contributing to the "user - friendly' nature of the Code. The San Bernardino Development Code combined zoning, subdivision, design guidelines, and hillside preservation standards into one comprehensive, internally integrated document. Paul Crawford, FAICP A principal with Crawford Multad & Clark Associates, Paul Crawford's 30 -year planning career has focused on simplifying and clarifying land use regulations for a wide .variety of cities and counties. Since 1990, he has worked on over 90 zoning and development codes, 25 general plans, and numerous other planning projects for a wide variety of California cities and counties. Before forming CMCA, he served from 1980 to 199Q as Director of Planning and Building for San Luis Obispo County and Executive Director of the San Luis Obispo Council of Governments. His professional research interests are in the drafting of land use regulations and designing planning agency computer applications. His work on the San Luis Obispo County Land Use Ordinance was recognized by an award from the California Chapter of the American Planning Association, and his work with Crawford Multari & Clark Associates has been recognized by six additional awards from the California Chapter of the American Planning Association. Crawford was elected to the California Planning Roundtable in 1993, and received the "Award for Distinguished Leadership as Planning Professional" from the California Chapter of the American Planning Association in 1998. He is a graduate of California Polytechnic State University, and has served there as adjunct professor in the City and Regional Planning Department since 1980. He was elected to the College of Fellows of the American Institute of Certified Planners in March 2001, and is a member of the Congress for the New Urbanism. Woodie Tescher, AICP Woodie Tescher has more than 30 years of planning, urban design, and public facilitation experience, including the preparation of general plans, specific plans, urban design plans, redevelopment/revitalization plans, strategic action plans, development master plans, economic development strategies, and similar programs for communities throughout the western United States. He mixes a well - grounded understanding of the elements that make communities vital places to live. His grasp of the theory and practice of planning and the integral role of partnerships with public and private clients as well as the community are apparent by the success of the many complicated and controversial projects guided by his expertise. Woodie Y3 Hogle- Ireland • Jacobson & Wack • Crawford Multed & Clark Associates - RBF Consulting • EIP Associates F-4 City of Newport Beach Proposal for Zoning Code serves as a member of the California Planning Roundtable and Board of Directors of the Westside Urban Forum. Additionally, Woodie regularly teaches courses on General Plans, community revitalization, and public participation at university and professional programs. Woodie has completed projects for a considerable diversity of public and private clients with equally diverse issues and objectives. His planning and design documents range from large geographic areas (City of Los Angeles) to small communities (Westlake Village); from dense urban centers (West Hollywood) to low intensity rural/agricultural communities (Merced County); and from comprehensive community-wide (preceding) to detailed focused area plans (Santa Monica Third Street Promenade and Long Beach East Village). His work assignments have also included planning for large mixed use planned developments, represented by the 8,200 acre Ontario Sphere of Influence "Model Colony" accommodating 100,000 persons and in excess of 10 million square feet of retail, office, and industrial uses and the new community of 31,000 persons that will support the development of the 10th campus of the University of California at Merced. He holds a M.A. in Architecture and Urban Design from the University of California, Los Angeles and a B.A. in Architecture from the University of Southern California. Woodie is the recipient of the Distinguished Planner Award from the California Chapter of the American Planning Association. Among the many projects for which he has been honored by the APA and other professional organizations are the City of Los Angeles General Plan Framework, West Hollywood General Plan, Merced County University Community Plan, Huntington Beach General Plan, San Clemente General Plan, Long Beach East Village Arts District Guide for Development, and the Santa Monica Third Street Promenade Specific Plan. Laura Stearns, J.D. A. planner with RBF Consulting, Ms. Stearns has four years of experience writing zoning codes and over ten years of legal experience in commercial and residential real estate transactions, including drafting and reviewing contracts and other legal documents. Since 2002, she has worked on over 12 zoning and development codes. In addition, she has been Executive Director of a downtown association, where she served as a liaison between property owners, business owners, and city officials. She worked with these stakeholders to Identify economic and land use strategies that would facilitate redevelopment. Hogle- Ireland - Jacobson & Wack " Crawford Muitarl & Clark Associates " RBF Consulting - EIP Associates F-5 City of Newport Beach Proposal for Zoning Code Relevant Experience Members of our standing consulting team have individually, and together, prepared over 90 zoning and development codes, subdivision ordinances, design guidelines documents, and related regulations, both as consultants and as prior city and county staff. This extensive body of work includes the following projects, some of which are works in progress. Agricultural Preserve Rules of Procedure, City of Buellton Agricultural Preserve Rules of Procedure, Placer County Building and Construction Ordinance, San Luis Obispo County Coastal Zoning Ordinance, City of Arcata Coastal Zoning Ordinance, City of Carmel by- the -Sea Coastal Zoning Ordinance, City of Fort Bragg Coastal Zoning Ordinance, City of Guadalupe Coastal Zoning Ordinance, City of Malibu Coastal Zoning Ordinance, City of Pacific Grove Coastal Zoning Ordinance, City of Pismo Beach Coastal Zoning Ordinance, Marin County Coastal Zoning Ordinance, San Luis Obispo County Code of Ordinances reorganization, Moss Landing Harbor District Code of Ordinances reorganization, Port San Luis Harbor District Commercial Zoning Districts Update, City of San Luis Obispo Countywide Design Plan, San Luis Obispo County Design Guidelines, City of Brea Design Guidelines, City of Buellton Design Guidelines, City of Pismo Beach Design Guidelines, City of San Buenaventura Design Guidelines, City of San Luis Obispo Design Guidelines, City of South Pasadena Design Guidelines, City of Stockton Design Guidelines, City of Woodland Design Guidelines, San Luis Obispo County Design Guidelines, Old Town Design Plan, City of Desert Hot Springs Design Guidelines as part of the following Development Codes, where noted Development Code (zoning /subdivision), City of Arcata Development Code (zoning /subdivision), Butte County Development Code ( zoning /subdivision /grading/NPDES), City of Calabasas Development Code (zoning /subdivision), Calaveras County Development Code (zoning/subdivision /design), City of Chico Development Code (zoning /subdivision /design), City of Diamond Bar Development Code ( zoning / subdivision /design /grading /NPDES), City of Fort Bragg Development Code (zoning /subdivision), City of Hollister Development Code (zoning /subdivision /design), City of Lodi Development Code (zoning /subdivision /coastal), Marin County Development Code (zoning /subdivision), City of Norwalk Development Code (zoning /subd(vision/design), City of Pomona Development Code (zoning /design) City of San Jacinto Development Code (zoning /subdivision /design), City of Simi Valley Development Code (zoning /subdivision /design), City of Sonoma SS Hogle - Ireland • Jacobson & Wack • Crawford Muitari & Clark Associates • RBF Consulting • EIP Associates F-6 City of Newport Beach Proposal for Zoning Code Development Code (zoning /subdivision), City of Stockton Development Code (zoning /subdivision/design), City of San Bernardino Development Code (zoning /subdivision), San Bernardino County Development Code (zoning /subdivision /coastal), Sonoma County Development Code (zoning /subdivision/design), Town of Truckee Grading Ordinance, City of Calabasas Grading Ordinance, City of Fort Bragg Grading Ordinance, Mendocino County Grading Ordinance, San Luis Obispo County Land Use and Development Regulations, Port San Luis Harbor District Land Use Code, City of Cotati Land Use Ordinance, San Luis Obispo County, 1980 Land Use Ordinance Update, San Luis Obispo County, 2001 Neotraditional Design Options Model Ordinance, San Luis Obispo County COG Neotraditional Design Options Ordinance and Design Guidelines, City of Paso Robles Sign Ordinance, City of Modesto Sign Ordinance, City of Pasadena Sign ordinances with all the above development codes, and the zoning ordinances below Subdivision Ordinance, Calaveras County Subdivision Ordinance, City of Buellton Subdivision Ordinance, City of Cotati Subdivision Ordinance, City of Gustine Subdivision Ordinance, City of Malibu Subdivision Ordinance, City of South Pasadena Subdivision Ordinance, Mendocino County Subdivision ordinances as part of all of the above development codes TDC Ordinance technical assistance, San Luis Obispo County Zoning Map, City of Buellton Zoning Map, City of Culver City Zoning Map, City of Calabasas Zoning Map, City of South Pasadena Zoning Map, Town of Loomis Zoning Map, Town of Windsor Zoning Ordinance, City of Azusa Zoning Ordinance, City of Brea Zoning Ordinance, City of Brentwood Zoning Ordinance, City of Buellton Zoning Ordinance, City of Campbell Zoning Ordinance, City of Carpinteria Zoning Ordinance, City of Culver City Zoning Ordinance, City of Desert Hot Springs Zoning Ordinance, City of El Paso de Robles Zoning Ordinance, City of Fillmore Zoning Ordinance, City of Gustine Zoning Ordinance, City of Huntington Park Zoning Ordinance, City of Lodi Zoning Ordinance, City of Lompoc Zoning Ordinance, City of Malibu Zoning Ordinance, City of Mountain View Zoning Ordinance, City of Novato Zoning Ordinance, City of Ojai SY Hogle - Ireland • Jacobson & Wack • Crawford Multarl & Clark Associates • RBF Consulting • EIP Associates F-7 City of Newport Beach Proposal for Zoning Code Zoning Ordinance, City of Oxnard Zoning Ordinance, City of Pacific Grove Zoning Ordinance, City of Pasadena Zoning Ordinance, City of Petaluma Zoning Ordinance, City of Pismo Beach Zoning Ordinance, City of Rancho Mirage Zoning Ordinance, City of Santa Rosa Zoning Ordinance, City of Seaside Zoning Ordinance, City of South Pasadena Zoning Ordinance, City of Tustin Zoning Ordinance, City of West Hollywood Zoning Ordinance, Lake Havasu City, Arizona Zoning Ordinance, Fresno County Zoning Ordinance, Los Angeles County Zoning Ordinance, Placer County Zoning Ordinance, Santa Barbara County Zoning Ordinance, Solano County Zoning Ordinance, Town of Loomis Zoning Ordinance, Town of Windsor Zoning Ordinance update technical assistance, Qty of Fairfield Zoning Ordinance update technical assistance, City of Palo Alto Zoning Ordinance update technical assistance, City of Roseville Hogle- Ireland • Jacobson & Wack • Crawford Multan & Clark Associates • RBF Consulting • EIP Associates F-8 i City of Newport Beach Proposal for Zoning Code Selected References The following are references from a small number of our many projects. We strongly encourage contacting our past and current clients regarding our ability to complete our projects and tasks in a timely manner, with high quality and accuracy, and within the approved budget. We have never required a budget adjustment for a zoning project unless additional work products, clearly beyond the scope of the original work plan, were requested by the client. The following are relevant examples of our zoning projects. City of Carpinteria Zoning Code — Preparing a new Zoning Code for a small city located in Santa Barbara County. Contact: Jackie Campbell, Community Development Director City of Carpinteria (805) 684 -5405 ext. 451 City of Cypress Zoning Ordinance — Prepared a new Zoning Ordinance for a small city located in central Orange County. (Adopted in August 2004) Contact: Ted Commerdinger, Acting Community Development Director City of Cypress (714) 229 -6720 City of Fort Bragg Land Use and Development Code — Prepared a comprehensive Land Use and Development Code incorporating zoning and subdivision regulations and City-wide design guidelines into an integrated document for a northern California coastal community. (Adopted in June 2004) Contact: Linda Ruffing, Community Development Director City of Fort Bragg (707) 961 -2828 City of Fountain Valley Development Code — Prepared a comprehensive Development Code incorporating zoning and subdivision regulations into an integrated document. (Adopted in December 2000) Contact: Andy Perea, Community Development Director City of Fountain Valley (714) 593 -4400 City of Pasadena Zoning Code — Prepared a comprehensive update to Zoning Code in conjunction with update of General Plan. (Adopted in July 2006) Contact: Denver Miller, Project Manager City of Pasadena (626) 744 -6733 i Hogle- Ireland • Jacobson & Wack • Crawford Multari & Clark Associates • RBF Consulting • EIP Associates F-9 City of Newport Beach Proposal for Zoning Code City of San Bernardino Development Code — Prepared a comprehensive Development Code, incorporating zoning, subdivision, and citywide design guidelines into an integrated, easy -to -use document. Hillside development and ridgeline protection were among the many issues addressed. Recipient of National APA Outstanding Planning Award for Plan Implementation, 1992. (Adopted in 1991) Contact: Valerie Ross, Director City San Bernardino (909) 384 -5057 San Bernardino County Development Code — Preparing reorganization and comprehensive update of Development Code in conjunction with update of General Plan. Contact: Randy Scott, Division Chief, Advance Planning Division County of San Bernardino 909 - 387 -4147 City of Seaside Zoning Ordinance — Prepared a comprehensive update to City's existing Zoning Ordinance. (Adopted in December 2006) Contact: Rick Median, Project Manager City of Seaside (831) 899 -6737 City of Sonoma Development Code — Prepared a new Development Code following the adoption of the City of Sonoma's new General Plan. This unique code approaches zoning issues from the perspectives of the New Urbanism. The code focuses on preserving the character of existing historic neighborhoods in a community faced with substantial growth pressures, and ensuring that new development continues to maintain the "sense of place" envisioned in the General Plan. (Adopted in 1998) Contact: David Goodison, City Planner City of Sonoma (707) 938 -9681 City of Stockton Development Code — Prepared a comprehensive Development Code, incorporating zoning and subdivision regulations into an integrated document. (Adopted in February 2005) 1 - Contact: Dianne Keil Smith, Senior Planner City of Stockton (209) 937 -8340 Advantages of Team We believe that our team offers the City of Newport Beach an ideal combination of background and expertise for preparing all components of the updated Zoning Code. Our knowledge and experience will ensure that all documents produced will not only be of high technical quality, but are also designed to be "user- friendly," clear, practical, understandable, and easily Sf Hogle - Ireland • Jacobson & Wack " Crawford Multed & Clark Associates " RBF Consulting • EIP Associates F- 10 City of Newport Beach Proposal for Zoning Code administered. All team members have strong reputations for producing timely, high - quality work. We believe that our team offers the following advantages: Significant experience with the drafting and adoption of zoning codes, development codes, and other types of development regulations and associated public participation efforts. The City of San Bernardino Development Code, completed by Jacobson & Wack and RBF Consulting, received a national award from the American Planning Association (APA), and team members have also received numerous awards from the California Chapter of the APA. These demonstrate our ability to create solutions to zoning and planning problems that are both innovative and practical. 2. Extensive "hands on" experience with all levels of zoning ordinance administration, ranging from answering zoning inquiries at the "front counter," to the processing of land use permit applications and preparation of staff reports, to division and department management. We have personally drafted zoning, subdivision, grading, and building ordinances, and then been responsible for the administration and enforcement of those regulations. We understand the wide array of day -to -day issues staff must address in ordinance administration, and the needs of the public for timely, accurate responses to their questions. Besides our past experience, our work in zoning ordinance administration is ongoing for several public agency clients. Therefore, our ordinance drafting reflects hands -on experience, and understanding of current needs and trends within planning and community development departments, and Is not simply an academic or theoretical exercise based on working with codes at some point in the past. 3. Experience with the integration of smart growth and neo - traditional /new urbanism design and development principles into zoning code updates and new codes. Our work in Sonoma County for the Cities of Cotati, Petaluma, Santa Rosa, and Sonoma,- and the Town of Windsor have provided standards for mixed -use, mixed - housing type, and pedestrian - oriented development, and the City of Sonoma Development Code integrates streetscape design provisions into a new framework that addresses the unique character of the community's separate neighborhoods, districts, and corridors, in addition to zoning districts consistent with the land use diagram of the City's General Plan. Paul Crawford brings extensive understanding of neo - traditional /new urbanism design principles and codes that go beyond simple regulation by land use type, as evidenced by his co- authorship of a new book on codes currently being prepared by the Congress for the New Urbanism. 4. Acknowledged experience with successful public participation and outreach programs, including public workshops, publicity, and notice materials of all types. 5. We regularly share our experiences with, and perspectives on zoning and subdivision ordinance preparation and administration through two professional development courses: Redesigning the Zoning Ordinance, at UC Davis Extension, and Designing and Implementing Effective Zoning Ordinances, at UCLA Extension. 6. Our established, effective working relationships as a consultant team, developed from numerous previous projects, enable us to provide efficient and cost- effective services. 7. Our emphasis on firm principals actually drafting our codes, ensuring that our products reflect the most extensive experience and informed analysis. �0 Hogle- Ireland • Jacobson & Wack • Crawford Multed & Clark Associates • RBF ConsuPong • EIPAssociates F-11 City of Newport Beach Proposal for Zoning Code THIS PAGE INTENTIONALLY LEFT BLANK Hogle- Ireland • Jacobson & Wack • Crawford Mullen & Clark Associates • RBF Consulting • EIP Associates F- 12 lz ... .. ... .. . City of Newport Beach Proposal for Zoning Code G. SUGGESTED DOCUMENT FORMAT General Approach Although the consultant team intends to prepare an updated Zoning Code based on an outline and format worked out with City staff during the initial meetings for the project, the outline provided below is offered as a suggested initial approach. This outline is based on the both the consultants' experience in drafting many updated codes and ordinances for a variety of clients, and the consultants' direct experience in the day - today administration of zoning regulations, ranging from answering public zoning questions at the "front counter" to using zoning regulations in the processing and evaluation of land use permit applications and development proposals. In general, the table of contents and the internal structure of chapters within an updated code or ordinance should be organized to reflect the sequence in which code/ordinance users most commonly need to find specific information. The consultant team has devoted considerable attention to identifying principles for organizing, formatting, and otherwise presenting land use regulations in ways that significantly improve ease of use. Suggested Outline The regulations of the updated Zoning Code that cover related topics are proposed to be grouped into at least seven individual articles. The contents of each article are summarized below. Following consultation with the Committee and City staff during Task 1 (Scope Refinement and Committee and City Staff Participation), above, the consultant team may recommend additional articles to provide for the appropriate implementation of the draft 2006 LCP Implementation Plan. 1. Zoning Code Enactment and Applicability. Article 1 will provide a brief introduction to the updated Zoning Code by providing basic information on its framework and applicability, the land uses and development- related activities that are regulated by the document, and rules for the interpretation of its provisions. 2. Zoning Districts and Allowable Land Uses. Article 2 will contain chapters on the different types of zoning districts (residential, commercial, mixed -use, manufacturing, etc.) and overlay /combining districts (urban corridor overlay, center city overlay, etc.) that are applied to public and private property within the City. These chapters will list the specific types of land uses allowed in each zoning district, and the type of land use /development permit that must be obtained prior to initiating each use. These chapters will also provide basic development standards for each zoning district, among which are maximum height limits and setback/yard requirements for new structures. 3. Site Planning and General Development Standards. Article 3 will provide development standards that apply across zoning districts, including requirements for landscaping, off- street parking and loading, and signs. Cross - references will be provided in the zoning district chapters of Article 2 to the requirements in Article 3. 6_� Hogle- Ireland • Jacobson & Wack • Crawford Multari & Clark Associates • RBF Consulting - EIP Associates G-1 City of Newport Beach Proposal for Zoning Code 4. Standards for Specific Land Uses, Article 4 will contain regulations for specific land uses and development types that may be allowed in a variety of zoning districts (for example, child day care facilities, home occupations, mixed -use projects, second dwelling units, etc.). Cross - references will be provided in the zoning district chapters of Article 2 to the requirements in Article 4. 5. Land Use and Development Permit Procedures. Article 5 will describe each type of land use and development permit required by the updated Zoning Code and the City's requirements for the preparation, filing, processing, and approval or disapproval of each permit application. The article will also set time limits for the establishment of a land use or the commencement of development as authorized by an approved permit, and provide for permit extensions when needed. 6. Zoning Code Administration. Article 6 will provide information on the City's administrative framework and procedures that relate to land use. Provisions defining review bodies and their authorities, public hearing and appeal procedures will be included, along with rules for nonconforming uses, structures, and parcels, General Plan, Zoning Map, and Zoning Code amendments, and Zoning Code enforcement. Zoning Code Glossary. Article 7 will contain definitions of the specialized and technical terms and phrases, and abbreviations used in the updated Zoning Code, as well as definitions of each type of land use allowed in the various zoning districts by Article 2 (Zoning Districts and Allowable Land Uses). The consultants wish to emphasize our complete flexibility in working with City staff to develop an overall format and outline to the updated Zoning Code that most effectively serves the City's needs. We have found the above outline to work well in our experience with day - today code /ordinance administration, but are completely open to other approaches. Characteristics of Updated Zoning Documents Through the consultant team's experience in both administering and drafting development codes and zoning ordinances, we have identified several important aspects to be considered in the process of updating an existing zoning document. Besides the fundamental goals of effectively implementing the updated General Plan, satisfying State mandates, and efficiently guiding day - today development decisions, any revised code should also focus on document usability. It is important that zoning information be readily accessible and understandable to all users, staff, as well as the public. The updated City of Newport Beach Zoning Code will feature the following criteria in order to make the document truly user - friendly: • Logical organization - The table of contents and the internal structure of chapters should be organized to reflect the sequence in which code users most commonly need to find specific information. For example, the fact that many existing codes place their "Definitions" at the beginning of the document suggests that users will routinely read the definitions before any other portion of the code, which in fact rarely occurs. • Clear language and readability - Zoning documents must be clearly written, avoid ambiguity, jargon and lengthy narrative, and use the simplest terms possible to describe their requirements. Regulations should be consolidated into easy- to-understand tables whenever possible, and accompanied by graphics to Improve clarity and understanding. ky Hogle- Ireland • Jacobson & Wack • Crawford Mulled & Clark Associates • RBF Consulting • EIP Associates G-2 City of Newport Beach Proposal for Zoning Code Overall, the format should employ effective graphic design and page layout techniques to enhance readability. • Informative chapter and section titles - Chapter and section titles should be descriptive, as in "Standards for Specific Land Uses" rather than ambiguous "General Provisions." • Cross - references - Cross - references should be made to other relevant provisions, as well as to potentially applicable regulations (e.g., building, environmental, grading, subdivision, etc.) in other Municipal Code documents, where appropriate. • Extensive use of graphics - A code should use graphics to assist in Illustrating the applicability and /or effect of regulations wherever Illustration can improve understanding. • Formal procedure for interpretations -The administration of zoning documents inevitably involves the need for interpretation, such as with the evolution of new land uses that did not exist when the code was first prepared (e.g., video game arcades in the case of codes drafted in the 1960s). A zoning document must clearly define the authority.for making these interpretations. • Simplified permitting procedures - Permitting procedures should be as streamlined as possible, yet ensure effective project review and proper Implementation of the updated General Plan and be consistent with State law requirements. • Organization to accommodate changes - The initial drafting of the code should anticipate the need to add regulatory provisions as land uses and development patterns changeover the years, and thus should provide space in the numbering system for these later additions. LS Hogle-keland • Jacobson & Wack • Crawford Multan & Clark Associates- RBF Consufting • EIP Associates G-3 City of Newport Beach Proposal for Zoning Code THIS PAGE INTENTIONALLY LEFT BLANK L4 Hogle- Ireland • Jacobson & Wack • Crawford Multari & Clark Associates • RBF Consulting+ EIPAssoclates G-4 t l / 3 w! S ............. 1 / � u t r ti i' Appendix A j V'. sl Y� City of Newport Beach Proposal for Zoning Code APPENDIX A - DETAILED PERSONNEL RESUMES Ron Pflugrath, AICP Senior Project Manager, Hogle- Ireland, Inc. Bruce Jacobson Principal, Jacobson & Wack Paul Crawford, FAICP Principal, Crawford Multari & Clark Associates Woodie Tescher, AICP Principal, Director of Urban Planning and Design, EIP Laura Stearns, J.D. 4 Planner, RBF Consulting 4 Hogle - Ireland - Jacobson & Wack - Crawford Multari & Clark Associates - RBF Consulting • EIP Associates EDUCATION B.S., Urban and Regional Planning, California State Polytechnic University, Pomona YEARS OF EXPERIENCE 34 PROFESSIONAL AFFILIATIONS American Institute of Certified Planners (AICP) American Planning Association (APA) Professor in the graduate planning program at California State Polytechnic University, Pomona RON PFLUGRATH, AICP Senior Project Manager PROFESSIONAL EXPERIENCE Hogle - Ireland Inc. — Senior Project Manager (July 2006 to Present): Duties: Senior management position that supervises projects and staff. Directs a general plan team. Significant Assignments/ProWts: General plans and zoning documents. • Design and planning aspects of both small and large scale developments. RBF Consulting — Vice President, Director of Planning and Design (October 2001 to July 2006) Duties: Directed the activlties and personnel of the public sector portion. Led a 12- person team responsible for the planning, design, and public participation projects throughout the Western United States. Managed many of the firm's planning projects including general plans, specific plans, urban design programs and site design plans. Significant Assignments /Pro jects: • Developed a strategy for expanding services into the San Joaquin Valley. • Directed project management and preparation of several development codes and design guidelines including projects for Santa Barbara County and Cities of Pasadena, Stockton and Newport Beach. RBF Consulting — Associate and Senior Associate (1995 to 2001) Duties: Served as project manager for a variety of public sector planning and design projects including new development codes for the Cities of Cypress, Fountain Valley and Murrieta. Worked on design guidelines manuals and specific plans. Significant Assignments/Projects: • Major contributor to Huntington Beach Urban Design Guidelines, which won a California Chapter APA award for "Outstanding Planning Project." • Preparation of the Historic Murrieta Specific Plan, which received a National APA, Small Town and Rural Division, "Outstanding Town Project" Award. Urban Design Studio — Project Manager (1988 to 1995): Duties: Prepared specific plans, design guidelines, zoning ordinances and development codes. Significant Assignments/Projects: • Completed the City of Mission Viejo's first comprehensive Development Code following its incorporation. • Developed the North Montclair Specific Plan that called for mixed - use and a pedestrian- oriented corridor connecting a regional mall to nearby commuter rail station. • Temecula Old Town Specific Plan, which won an "Award of Distinction" from the Inland Empire Section APA. �y Bruce Jacobson Jacobson & Wack Principal Years of Experience: 30 Education: B.S. degree in City and Regional Planning, at California Polytechnic State University in San Luis Obispo Professional Affiliations: Member, Kern County Housing Element Citizens Advisory Committee Director and Officer, Mid -State Development Corporation (Small Business Administration) Member, American Planning Association Contact Information: Jacobson & Wack 9530 Hageman Road Suite "B" 205 Bakersfield, CA 93312 661 - 213 -4100 (office) 661 - 2134111 (fax) jwplans@lightspeed.net Bruce Jacobson is a land use planner and administrator with over 30 years of planning experience. With Jacobson & Wack, and with RBF Consulting and/or Crawford Multari & Clark Associates on teamed projects, he has worked on over 90 zoning ordinances, subdivision ordinances, design guidelines, and development codes. His previous experience includes the following milestones. RELEVANT Designer and project facilitator, Robert E. Donald, Architect & Associates, Beverly Hills Planning Director, City of Santa Paula Principal Planner, Ventura County Environmental Resources Agency. Directed the Plan Administration and Implementation Division, which was responsible for all land use development applications, zoning/subdivision ordinance revisions, environmental review, zoning enforcement, public information, etc. Manager, County Guidelines for Orderly Development Manager, County Subdivision Ordinance comprehensive revision Deputy Planning Director, San Luis Obispo County Planning Department. Directed the Current Planning Division, which was responsible for land use permit and subdivision processing, building permits and inspection, rezonings and ordinance revisions, zoning enforcement, and public information. Instructor for U.C. Davis Extension (Redesigning the Zoning Ordinance) and U.C.L.A. Extension (Designing and Implementing Effective Zoning Ordinances). 7d Paul Crawford Crawford Muttarl & Clark Associates Since forming CMCA in early 1990, Paul Crawford has been involved with zoning ordinance preparation, comprehensive planning, and computer applications for a wide variety of cities and counties. He has worked on: over 90 zoning ordinances, including those for Merin, Placer, San Luis Obispo, and Solano counties, and the cities of Chico, Culver City, Hollister, Mountain View, Palo Alto, Pasadena, Santa Rosa, Sonoma, South Pasadena, Stockton, and West Hollywood; Local Coastal Programs for the cities of Caramel by- the -Sea, Malibu, Pacific Grove, and Guadalupe; a 12,000 -acre specific plan for Solano County; and Energy Elements of the General Plan for Glenn and San Luis Obispo counties. He also managed the update of the Land Use Element of the Placer County General Plan, prepared countywide design guidelines for San Luis Obispo County, and has served as interim planning director for the City of Bueliton. He is currently working on a book on form -based zoning codes for the Congress for the New Urbanism. Paul Crawford was Director of Planning and Building for San Luis Obispo County from 1980 to 1990. He concurrently served as Executive Director of the San Luis Obispo Council of Governments. He was responsible for over 85 staff with an annual budget of $4 million. Under his management, San Luis Obispo County: updated the Land Use, Circulation and Housing Elements of the General Plan; prepared several specific plans (including initiation of a joint city - county effort); obtained Community Development Block Grant funds for low- income housing programs; received certification of the county's Local Coastal Program from the California Coastal Commission; and completed successful permit process streamlining efforts. In 1988, Crawford directed the processing of land use permits and preparation of an EISIEIR for a major onshore support facility and pipeline as part of a new offshore oil project. From 1984 to 1989, he served on a tri- county advisory committee on offshore oil issues established by the Governor's Secretary of Environmental Affairs. Before his tenure as planning and building director, he was the project manager for the county's comprehensive Land Use Element/Land Use Ordinance, a single -map integrated land use policy and regulatory system that replaced the more traditional two - document zoning ordinance and general plan format. He personally drafted the Land Use Ordinance. This innovative project won the American Planning Association California Chapter meritorious program award in 1981. Mr. Crawford earned his B.S. degree in City and Regional Planning at California Polytechnic State University in San Luis Obispo, where he now serves as adjunct professor in the City and Regional Planning Department. There he regularly teaches Introduction to Urban Planning, Planning Administration, and Planning Agency Management. He was selected by the Cal Poly College of Architecture and Environmental Design as 1990 -91 Honored Alumnus. He has also served on the faculty of the Lincoln Institute of Land Policy; and presently at UC Davis Extension, and UCLA Extension, where he teaches annual professional development courses in zoning ordinance drafting and geographic information systems (GIS). 7� Paul Crawford Crawford Multarl & Clark Associates Crawford is a member of the College of Fellows of the American Institute of Certified Planners (FAICP), American Planning Association (APA), Association of Environmental Professionals (AEP), the Urban and Regional Information Systems Association (URISA), and the Congress for the New Urbanism (CNU). He has also served on the Board of Trustees of the Land Conservancy of San Luis Obispo County. Crawford was elected to the California Planning Roundtable in 1993, served as its Secretary in 1997 and 1998, as Vice President for Programs in 1999, and as president in 2000. He received the "Award of Excellence for Distinguished Leadership as a Planning Professional" from the California Chapter of the American Planning Association in 1998. Mr. Crawford is an excellent communicator, whether writing or speaking, and has the ability to make highly technical information understandable without trivializing the content. He is an effective facilitator and mediator and is able to help groups work through complex problems to solutions. His experience as a professional photographer and filmmaker also enhances the clarity and effectiveness of the documents and public participation programs he produces. His photos have been published in a variety of periodicals, and his documentary film The World Within is being used by school districts, national and state parks throughout the United States. He also was one of the authors and a principal commentator in two videotapes available from the American Planning Association: Why Plan ?, and The Role and Responsibility of the Planning Commissioner. In his various capacities he has earned a reputation for thoughtfulness, thoroughness, and political sensitivity. A a a 0 C I A T E S ELWOOD C. TESCHER, AICP Principal, Director of Urban Planning and Design Woodie Teacher brings more than 30 years of award winning urban design, planning and public facilitation experience to EIP. TECHNICAL CAPABILITIES • Oversees all urban planning and design programs for EIP Associates throughout Californi% • Recognized for advancing the state -of- the -art in the development and application of planning and design approaches that achieve community visions and enhance the livability of neighborhoods and vitality of commercial and community centers, including pedestriao- oriented, transitroriented, mixed, live /work, and traditional residential developments. • Particularly skilled in the formulation of planning and design documents that are implemented by public and private clients. • An experienced and skilled facilitator of public involvement programs that reconcile the often - conflicting objectives of residents, developers, and property owners. • Consistently involved in the coordination of multi- disciplinary teams in challenging complex planning and design assignments. EDUCATION AND AFFILIATIONS M.A., Architecture and Urban Design, University of California, Los Angeles (UCLA) B.A., Architecture, University of Southern California Member, American Planning Association Member, California Planning Roundtable Member, Westside Urban Fomm Instructor, Urban Design course, UCLA Extension AWARDS AND HONORS 2004 Santa Clarita Valleywide General Plan and Visioning Project - Outstanding Public Outreach and Involvement, Association of Environmental Professionals 2001 Distinguished Service Award, Planning Organization (California Planning Roundtable); member CCAPA 2000 Outstanding Planning Achievement for Comprehensive Planning for University Community Concept Plan, Central Section CCAPA 2000 Outstanding Planning Achievement for Comprehensive Planning, Ontario SOI Integrated Biological Resources and Parks /Recreation Plan, Inland Empire Section CCAPA 1997 Outstanding Planning Achievement for Comprehensive Planning for the City of Los Angeles General Plan Framework, CCAPA 1997 Outstanding Planning Achievement Award for Comprehensive Planning for the City of Huntington Beach General Plan, Orange Section, CCAPA 1997 Focused Issue Planning Award for the Long Beach East Village Arts District Guide for Development, Los Angeles Section, CCAPA 1994 Outstanding Planning Achievement Award for Comprehensive Planning for the San Clemente General Plan, Orange Section, CCAPA 1992 Distinguished Planner Award, CCAPA 1990 Westside Prize for the Santa Monica Third Street Promenade, Westside Urban Forum 1989 Outstanding Planning Achievement Award for Comprehensive Planning for the City of West Hollywood General Plan, CCAPA 1978 Award of Merit for the Montezuma Transmission Corridor Environmental Assessment for Pacific Gas and Electric Corridor, APA PROJECT EXPERIENCE Genera! Plans General Plan Update, City of American Canyon General Plan Update, City of Corona - General Plan Update, City of Beverly Hills General Plan Update, City of Huntington Beach General Plan Update, City of Lancaster General Plan Framework, City of Los Angeles Newport Beach — Phase I Visioning, City of Newport Beach Ontario Sphere of Influence, City of Ontario Oxnard — Phase I Visioning, City of Oxnard General Plan Update, City of Palmdale General Plan Update, City of Redondo Beach General Plan Update, City of San Bemardino Santa Clarita Valleywide General Plan, City of Santa Clarita and County of Santa Clarita General Plan Update, City of San Clemente General Plan Update, City of West Hollywood General Plan Update, City of Westlake Village Neighborhood and Community Plans Ahadma, Community Plan Castaic Corridor Plan Glendale "Model" Neighborhood Planning Program University of California Merced Community Plan, Merced County spedEc Plans Beverly Hills Industrial Area Big Bear Lake Moonridge El Segundo Downtown Fontana Southwest and Jurupa Industrial Parks Inglewood International Business Park Kent County-City of Bakersfield Casa Loma Specific Plan and Enterprise Zone Application Los Angeles Coastal Transportation Corridor Los Angeles County Malibu Center Los Angeles Port Area Integrated Land Use Transportation Specific Plan San Gabriel Valley Boulevard Neighborhoods Sustainability Plan, Los Angeles County Santa Monica Third Street Promenade Stock Ranch (City of Citrus Heights) A division of PW /� A S S'0 C 1 A T e s Redevelopmenr/Revitall"don Bakersfield Downtown Redevelopment Element Beverly - Fairfax Neighborhood Revitalization Strategy Buena Park Central Business District Redevelopment Project Central Long Beach Guide for Development El Segundo Downtown Vision Plan Lancaster Central Business District Redevelopment Project Long Beach East Village Arts District Guide for Development San Pedro Central Business District Revitalization Project West Altadena Community Redevelopment Project Visioning and Swaregic Plans Agoura Hills Agoura Village Vision Plan Culver City Vision Plan and Community Indicators Downtown Manhattan Beach Strategic Action Plan East Compton Redevelopment Project Regional Plans Policy Documents for the Los Angeles Sub - Region for SCAG's Regional Comprehensive Plan Comprehensive Plan for North Los Angeles County (Antelope and Santa Clarity Valleys) Developmen r Master Plans Howard Hughes Center Master Plan Playa del Rey Bluffs Development Plan Hearst Ranch Master Plan Baldwin Hills Master Plan Bolsa Chica New Town Master Plan Tres Hennanos Ranch Master Plan City of Commerce Master Plan Urban Design San Bernardino Uptown Redevelopment Project Urban Design Plan and Architectural Design Standards Planning Studies Santa Barbara Downtown Transitional Areas Rezone Study Regional Conservation Element for Fresno County Conservation and Urban Space Elements for the City of Palmdale Land Use and Environmental Components for the Areawide Water Quality Management Plan for Latimer and Weld Counties, CO Envirorrmenral Impact Reports /Assessments Pacific Gas and Electric Company Environmental Systems EIR Public Involvement and Conlllcr Resolution Boyle Heights Los Angeles Design Action Planning Team Workshop Corona City Hall Planning and Design Charrette Regional Urban Design Assistance and Team Workshops for Downtown Hemdon, Virginia and Thousand Oaks Boulevard Taylor Yard Planning and Design Workshop Adiv� ion of Ad ■, R 7 i , i i , i i t Laura Stearns, Esq. Planner Registration: Ms. Stearns has four years of experience writing zoning codes and 1990, Florida Bar Association, FL over ten years of legal experience in commercial and residential real 850918 estate transactions, including drafting and reviewing contracts and other legal documents. In addition, she has been Executive Director of a downtown association, where she served as a liaison between Years of Experience.: 14 property owners, business owners, and city officials. She worked with these stakeholders to identify economic and land use strategies that would facilitate redevelopment. Education: J.D., 1989, Law, University of Miami RELEVANT EXPERIENCE: School of Law With RBF and Urban Design Studio, Ms. Stearns has collaborated Graduate Studies, 1983, Historic on the preparation of zoning codes for the following California Preservation Planning, Cornell municipalities and counties: University • City of Brea (Ongoing since 2004) B.A., 1979, American History, • City of Burbank (2004) University of Rochester • City of Campbell (2003 -2004) • City of Carpinteria (Ongoing since 2005) • City of Cypress (2003 -2004) Professional Affiliations: • City of Los Alamitos (2003 -2005) • City of Morgan Hill (2003) Member, American Planning • City of Newport Beach (Ongoing since 2005) Association • City of Pomona (2003 -2004) • City of San Jacinto (2007) Member, Florida Bar Association • City of Tustin (Ongoing since 2005) • County of San Bernardino (Ongoing since 2004) • County of Santa Barbara (2004 -2005) Contact Information: RBF Consulting Urban Design Studio 14725 Alton Parkway Irvine, CA 92618 949 - 472 -3430 (office) 949 - 837- 4122(fax) Istearns @rbf.com DON ®YL \T /INB City of Newport Beach Proposal for Zoning Code APPENDIX B - UPDATING THE CODE Updating the Code - A Briefing for Decision - Makers by Paul Crawford, FAICP, and Susan Clark, AICP Copyright ® 2001, Crawford Multad & Clark Associates Note., Paul Crawford and Susan Clark wrote this article as a resource for use in the training and orientation of elected and appointed officials in the variety of issues to be considered in updating zoning and development codes. We offer this to the City of Newport Beach as an example of the type of brlefing papers' we can provide during the process of preparing the updated Zoning Code. Introduction The explosion of development in California sparked by the economic vitality of the late 1990s has highlighted the shortcomings of zoning codes throughout the state. The many inadequacies of outdated and poorly patched codes have become painfully apparent in communities that are not achieving the quality of development they want. At the same time, however, increased local government revenues from the economic boom have provided the funding for many communities to update their zoning codes. To assist in making these efforts most effective, this article provides an overview of the typical components of zoning codes, and discusses a variety of the issues that are useful to consider when a zoning code is updated. California law makes the general plan the centerpiece of each community's planning program, but the zoning code is, in many ways, a more significant determinant of community form and character. The general plan is intended to provide broad -brush guidance for how and where the community will accommodate physical growth and change. Even though California cities have included ever Increasing detail in their general plan policies and standards over the past 20 years, general plans remain conceptual in comparison with the tools used to implement them. Implementation occurs through specific plans, zoning codes and subdivision ordinances, and capital improvement programs; but zoning codes have more day -to-day effect on the built environment than all the others. As the primary tool for general plan implementation, zoning codes are comprehensive Cookbooks for day -to-day development decisions within each community. They expand on the information in general plan maps and text by providing parcel- specific regulations for the location of different land uses, and detailed specifications for the site planning and design of proposed development. 7% Hogle- Ireland - Jacobson & Wack • Crawford Multarl & Clark Associates • RSF Consuftina • F1P A.ccnriataa + City of Newport Beach Proposal for Zoning Code Zoning Code Components A zoning code regulates development through its five major components. These include: a zoning map that divides the community into separate zoning districts; a list of the types of land uses that may be allowed in each zoning district; standards for site planning and development; rules and procedures for obtaining City approval for development and new land uses; and rules for zoning code administration, including establishing the authority for decision - making, interpretations, and enforcement. Each component is described below. Zoning map The zoning map divides the community into the separate zoning districts established by the zoning code text, consistent with the land use diagram of the general plan. Zoning districts and general plan land use categories typically segregate land uses by type, such as residential, commercial, . and industrial. City zoning codes and their maps often have several different residential, commercial, and industrial zoning districts, as well as others serving special purposes (for example, Public Facilities, or Open Space). The distinctions between different zoning districts in the same major category (such as residential) are usually the different types of land uses are allowed within them. (For instance, apartments are not allowed in a single - family residential zone, but are allowed in multi - family residential.) The zoning map is important because it shows where in the community different zoning requirements apply to specific parcels; but the requirements themselves are found in the zoning code text. Over the past 20 years, urban communities have become increasingly aware that the, standard zoning practice of rigidly segregating land uses .by type can have undesirable side effects. Primary among those effects are residents and workers being dependent upon the automobile for transportation. This is because segregated zoning has produced cities that are not walkable, and are also too dispersed to support economically. viable transit. In response, many cities have updated their general plans and zoning codes with increased emphasis on opportunities for mixed -use development, combining commercial and residential uses. They have also provided for higher densities in residential areas near downtowns and other commercial districts, to make It easier for people to walk for convenience shopping, other errands and, where possible, employment. Other responses to this problem include those developed by the New Urbanists, who recommend a different approach to regulating the distribution of land uses. Instead of relying on single -use zoning districts as the regulatory geography for a city, the New Urbanists prepare regulating plans (as opposed to zoning maps) that divide a community into a series of mixed - use zones based on an organizing principal called the fransect. A transect -based regulating plan looks at a city as continuum of building types that range from the lowest densities and lowest intensities of use at the community edge, and intensify as one moves from edge to core. Then, the "preserve ", "reserve," "general urban," "urban center," and "urban core" transect zones detail the appropriate densities, street types, and building types for each area they cover, with the "general," "center," and "core" zones accommodating a more diverse mixture of land uses than their conventional zoning counterparts. New Urbanist codes also tend to more explicitly focus on neighborhoods as their community planning unit. Neighborhoods are always mixed -use, contain activity centers of civic and commercial uses, outdoor public spaces such as squares or greens, and also provide a range of residential densities, for more choice in housing types than typical monolithic subdivisions of ?g Hogle- Ireland • Jacobson & Wack • Crawford Mukad & Clark Associates " RBF Consulting • EIP Associates 2 City of Newport Beach Proposal for Zondig Code r single- family homes. Actual land uses are then regulated not by land use type, but by the type, mass, and form of the buildings. The New Urbanist approach to regulating development has been most often used in new towns and other large -scale developments on vacant land. It can be difficult and complicated to apply to an existing built community, where its full realization will only occur over time as Infill and redevelopment occur. However, all principles of New Urbanism should be considered in any zoning code update, because of their potential to significantly improve the efficient use of land, and overall community livability. Zoning Districts, Allowable Land Uses and Permit Requirements The zoning code provisions that determine how individual parcels may be used include three key parts. First, the purpose of each mapped zoning district is described, including the categories of land use that are appropriate, and how each district relates to the land use designations of the general plan. Zoning codes then list the land uses that may be allowed within each zoning district. Finally, these "allowable use" lists note the type of City approval required to establish each use. The zoning district designations and the land use lists together implement the vision of the general plan for each area of the City. The purpose of listing uses is to classify and identify the activities that the community desires in each zoning district, and by exclusion, the uses the community does not want. Land uses are normally listed as "permitted" if they reflect the primary purposes of the zoning district, and if their possible adverse effects can be mitigated by the development standards of the zoning code. Permitted uses are typically allowed without the need for any City approvals other than building, grading, or other construction permits, although design review may also be required for certain permitted uses in cities that have a design review process. Other uses that may be appropriate in a zoning district are listed as "conditional." Conditional uses may be compatible with, and supportive of the permitted uses and the overall intent of the zoning district, but they are not simply "permitted" because the severity or undesirability of their possible side effects (e.g., traffic, size, hours of operation, noise, etc.) may vary according to the location and characteristics of the site, and the nature of surrounding land uses. Therefore, conditional uses cannot be assumed to be appropriate on any given site without some public, discretionary review to verify "compatibility," and the ability for the City to hold the development accountable for its potential adverse impacts through required compliance with conditions of project approval. This review is typically through a conditional use permit, or other similar discretionary review and approval process. Defining zoning districts, the land uses allowed within them, and the type of City approval required for each use is one of the most important tasks in a zoning code update. The mixture of land uses allowed in each zone will shape community form and character, determine how different activities in a city relate to one another, and thereby whether the community will be sprawling and auto - dependent, or compact and pedestrian- oriented. The types of commercial uses allowed, or not allowed, will also affect the economy. The designation of some uses as permitted and others as conditional will determine the extent to which the public may be involved in the City's decisions on individual development projects. It will also affect the workload of the decision - making bodies, and the amount of time required for a developer to find out whether the City will approve, deny, or require modifications to a proposed project. >y Hogla- lreland • Jacobson & Wack • Crawford Multari & Clark Associates - RBF Consulting • EIP Associates .'t City of Newport Beach Proposal for Zoning Code Development Standards All zoning codes establish development standards for the allowable location on a parcel and size of proposed structures, in addition to regulating many other aspects of development project planning, design and operation. Zoning codes contain three types of development standards: zone - specific standards, use - specific standards, and general standards that apply to a variety of land uses in different zones. Zone - specific standards establish the scale and character of development unique to each zoning district. These standards can address a wide variety of project location and design details, but the most common zone - specific standards include setback requirements, height limits, site coverage and floor area ratio restrictions, and residential density limitations. Setback requirements determine the distance, if any, by which certain structures must be separated from the street, other property lines, and /or other structures. Height limits specify the maximum allowed height of new structures, identify how the allowed height must be measured (e.g., from the street curb in front of the site, from the highest point on the lot, across the entire lot in an imaginary plane parallel to the surface of the lot, etc.), and sometimes provide for exceptions to the height limit for architectural features such as chimneys, towers, steeples, and certain roof - mounted equipment. Site coverage requirements specify the maximum percentage of the site area that may be covered by structures (and in some cities, by structures and pavement). Floor area ratio (FAR) standards determine how much floor area a building may have in relation to the area of the site (for example, a FAR requirement of 0.50 would allow a 10,000 square foot site to be developed with a 5,000 square foot building (10,000 x 0.50 = 5,000), provided that the building also satisfies any applicable height limit, setback, site coverage, and other zoning code requirements such as parking). Residential density requirements determine the number of housing units that may be developed on a site based on its size. Use - specific standards apply to the development and operation of particular land uses that are known to have the potential for similar adverse effects regardless of their location. The most common use - speck standards found In zoning codes address: adult entertainment businesses, animal keeping, bed and breakfast inns, day care facilities, drive through facilities, home occupations, outdoor uses (such as merchandise display and sales, and storage), service stations, and wireless telecommunications facilities. Each city is likely to have other specific land uses that have proven problematic in the past, which the community would like to more effectively control. The substance of use - specific standards can range from the same issues addressed by zone - specific standards (for example, requiring a large landscaped setback for office parks that supercedes the minimum front setback required by the zoning districts), to limitations on hours of operation, or detailed standards for the site layout and facilities associated with a particular use. An example of the latter can be found in zoning codes that provide standards for multi - family projects, such as the minimum area of private outdoor space for each unit, and /or the minimum area of common outdoor space based on the total number of units. General development standards are those that apply to a variety of land uses in different zones. They include such topics as off - street parking and loading requirements, sign regulations, landscaping requirements, hillside development standards, tree removal regulations, affordable housing requirements and incentives, and other topics. Zoning code updates often include both subtle refinements and wholesale revisions to their development standards. The objectives of these changes are typically to ensure that new development is a good "fit" with surrounding land uses and the community, and to work toward 80 Hogle - Ireland • Jacobson & Wack • Crawford Muffart & Clark Associates • RBF Consulting • EIP Associates 4 City of Newport Beach Proposal for Zoning Code positive shifts in the character of particular areas of the community. An example of the latter is where zoning standards are revised to provide for development with greater pedestrian orientation in commercial and residential areas, or to respond to economic changes that have caused unexpected shifts in demand for certain uses, such as a proliferation of offices occupying ground floor space in retail areas. Permitting and Development Review Procedures The permitting and development review procedures within a zoning code include provisions for the preparation, filing, processing, and evaluation of land use permit applications by City staff. The procedures then provide criteria for the approval or denial of the permit applications by the assigned decision - making body (for example, a planning commission or zoning administrator). These procedures usually address each type of land use approval separately, with individual chapters or sections on conditional use permits, variances, and design review. There are a number of variations among cities in how specific types of approvals are handled. For example, some cities have both "use permits," and "minor use permits." The difference between the two is typically that a use permit is subject to a public hearing; and approval or denial by a planning commission, while a minor use permit is "heard," and approved or denied by a City staff person designated as "zoning administrator. Some cities use a similar arrangement for variances (variances and minor variances). The "minor" version of the use permit is provided for situations where the City has determined that a particular type of land use needs discretionary review, but that the issues an individual project will raise are likely to be not significant or complicated enough to warrant planning commission involvement. Otherwise, the minor use permit process is identical to the use permit in terms of public notice, a hearing, and the extent of discretion that may be exercised in the decision. ,The advantage of this approach is for cities that are interested in streamlining their land use permit review process. The capability for a zoning administrator to review and act upon some discretionary land use permit applications can .shift workload from an overloaded planning commission, and provide for greater flexibility in the scheduling of public hearings on the "minor" applications. Rules for Zoning Code Administration The last major component of a zoning code (other than a glossary containing definitions of the technical terms and phrases used in the code) is a series of rules for the administration of the code. These provisions include procedures for public hearings and appeals, zoning code interpretations, property rezonings and amendments to the zoning code text, code enforcement, and regulations for nonconformities. With the exception of nonconformities, the substance of these provisions is significantly influenced by state law requirements, and tends to be similar in different cities. Regulations for nonconformities play a unique role in zoning codes. Nonconformities are land uses and structures that were legally established and /or constructed in compliance with the zoning code requirements that applied at the time, but would not be allowed today in the same way (or in some cases, at all), because of intervening zoning code amendments that changed the rules. Depending on the preferences of a city, regulations for nonconformities either. allow them to continue indefinitely as long as they are not changed, and until they are voluntarily removed or discontinued by the property owner; do not allow them to be re- established after involuntary destruction; require them to be phased out over some specified period of time; or a el i Hogle - Ireland - Jacobson & Wack • Crawf6rd Multad & Clark Associates • RBF Consultlna • EIP Assoolat9s 5 City of Newport Beach Proposal for Zoning Code combination of all of the above. Because any change to the allowable uses or development standards of a zoning code can create nonconformities, proposed zoning code changes should also be evaluated to ensure that these effects are understood. Then, the regulations for nonconformities can be adjusted as needed to either relax or maximize the effect of the changes on existing uses. Zoning Code Update Issues Primary Concerns The scope of substantive changes in a zoning code update should be defined through several means, each of which will contribute important insights into the adequacies and inadequacies of the existing code. First, regular users of the code should be consulted for input about their experiences working with the current standards and procedures. This feedback can provide valuable perspectives on how users with different objectives feel about the effectiveness, clarity, and ease of use of the current code. These participants should include: staff who administer the existing provisions; decision - makers; project designers, developers and other zoning permit applicants; and the general public. A thorough, multi -part analysis should then examine the details of the code. One part of the analysis should review the current code in relation to the pollcies of the general plan, current state law and case law requirements. This review will determine whether all applicable plan policies and legal requirements are effectively addressed by the current code. The analysis should also evaluate current zoning code provisions by comparing them with a sample of existing development projects. The projects should be chosen to represent both those regarded by the community as desirable and successful, and others that are generally seen as undesirable, no longer appropriate, or otherwise problematic. This component of the analysis will highlight current standards that have been ineffective in producing desirable development, and also those that are working well. Finally, in cases where the code update is expected to involve new or revised standards for infill development within existing neighborhoods, the analysis should include a detailed inventory of existing conditions within the areas to be affected. "Existing conditions" should include the quantifiable features of existing development that define neighborhood character. An example of this would be where a City intends to reconsider its building setback requirements and height limits as they affect an existing neighborhood, or where citizens have noted that new homes in an older area are insensitive to neighborhood character. In this case, the inventory should measure, document, and analyze existing development to identify the "on- the - ground" patterns and rhythms of street setbacks, separations between buildings, and heights from one lot to the next; or at least should document those features from a "sample" of representative lots within the neighborhood. Then, as new standards are considered, their effectiveness in replicating existing neighborhood character, and hence their desirability, can be assessed. The results of the above analysis should provide an understanding of: How well existing zoning requirements are working; Whether new land use issues have emerged in the community that are not addressed by existing requirements and need new standards; and What existing standards and procedures need to be changed, augmented, or discarded. 8Z Hogle - Ireland • Jacobson & Wack • Crawford Multed & Clark Associates • RBF Consulting • EIP Associates 6 City of Newport Beach Proposal for Zoning Code -- The actual revision work can then begin. A variety of resources can then be drawn upon to provide source material for revisions. These include: reviewing the zoning codes of other communities; using zoning and land use consultants experienced in drafting standards to address issues that have not been covered by other communities; and taking advantage of insights and input from City staff on how to address land use regulatory issues in ways that will work within the community's social and political framework. Usability Issues A zoning code update should also focus on document usability. It is important that zoning information be readily accessible and understandable to all users. The following are some important format and content features that zoning documents should include to improve ease of use. • Logical organization - The table of contents and the internal structure of chapters should be organized to reflect the sequence in which code users most commonly need to find specific information. For example, the fact that many existing codes place their "Definitions" at the beginning of the document would appear to suggest that users will routinely read the definitions before any other portion of the code, which in fact rarely occurs. While keeping the definitions at the front of a zoning code makes sense if maintaining the same format in all segments of a municipal code is considered important, a primary question to ask in deciding how to organize a zoning code is "Where will users most Intuitively expect to find specific information ?" People working with zoning documents tend to be interested in first finding whether particular land uses are allowed in particular zones, then the regulations and standards that apply to the design and development of a use, and finally the details of the required approval process. The code should be organized to reflect these procedural sequences and the order in which decisions about the applicability of provisions must be made. Clear language and readability - Zoning documents must be clearly written, avoiding ambiguity, jargon and lengthy narrative, and use the simplest terms possible to describe their requirements. Regulations should be consolidated into easy -to- understand tables whenever possible. Overall, the format should employ effective graphic design and page layout techniques to enhance readability. • Navigation tools - Zoning code users need to be able to easily find their way around in the code, and readily identify the code provisions that apply to their project or otherwise affect their interests. Therefore, a zoning code should include, at minimum, the following navigation tools. o Informative table of contents. Chapter and section titles should be descriptive, as in "Standards for Specific Land Uses" rather than an ambiguous "General Provisions," so that the table of contents can be easily scanned to identify provisions of interest. o Cross- references. While reviewing regulations on a particular topic, code users must be made aware of other related regulations that may affect their interests. A zoning code should include cross- references to its other relevant provisions, as well as references to potentially applicable regulations (e.g., building, environmental, grading, subdivision, etc.) in other portions of the municipal code, where appropriate. Hogle- Ireland • Jacobson & Wack • Crawford Multari & Clark Associates • RBF Consulting • EIP Associates 7 City of Newport Beach . Proposal for Zoning Code o Headers and footers. Each page of the zoning code should provide headers and /or footers. that identify the first section number on the page, and the section title, to allow easy browsing. • Extensive use of graphics - A zoning code should use graphics to assist in illustrating the applicability and /or effect of regulations wherever illustration can improve understanding. Formal procedure for Interpretations - The administration of zoning documents inevitably involves the need for interpreting their provisions, where the applicability or effect of a particular requirement may be uncertain in a situation that was not anticipated when the code was drafted. These situations often include new land uses that did not exist when the code was prepared (e.g., video game arcades in the case of codes drafted in the 1960s). A zoning document must clearly define the authority for interpretations, include a formal procedure for all types, and provide a definitive means for incorporating them into the code through amendment, or. otherwise ensuring that they will be effectively recorded for future retrieval and use. Simplified permitting procedures - A zoning code should employ the least complicated permitting procedures possible, consistent with State law requirements and the need to ensure effective project review and proper implementation of the general plan. Discretionary permits may not be necessary if clear development or performance standards can effectively address all community concerns about a particular land use through a ministerial permit process. • Organization to accommodate changes - Code chapters and sections should be s . organized and numbered to accommodate amendments without the need for extensive renumbering of existing sections. The initial drafting of the code should anticipate the need for additional regulatory topics in the future, and provide space in the numbering system for their later inclusion. The Importance of a Zoning Code Update Communities secure the type and quality of development they want through three key means: 1) they clearly communicate their expectations for development; 2) they ensure their professional planning staffs are skilled in working with project applicants to assist them in understanding and fulfilling the community's expectations; and" 3) their decision- making bodies rigorously follow through by approving only those projects that meet, or are revised to meet their expectations. These three means interact as a system, and each must perform adequately if the local development review process is to be successful. As the primary, and most often consulted tool for communicating the community's development expectations, zoning codes play a critical role in determining the form and character of the community. Updating the zoning code Is, therefore, one of the most important planning - related tasks a community can undertake. Paul Crawford, FAICP, is a principal of Crawford Multarl & Clark Associates (CMCA), consultants in planning, resource management, and public policy, based in San Luis Obispo, Caftmia. Susan Clark, AiCP, is a former CMCA senior associate, and Is currently assistant community development director for the City of Grover Beach, California. Hogle- Ireland • Jacobson & Wack • Crawford Multed & Clark Associates • RBF Consulting • E1P Associates 8 Exhibit g �s March 13, 2007 Gregg Ramirez, Senior Planner City of Newport Beach Planning Department 3300 Newport Blvd Newport Beach, CA 92663 Subject: Addendum to Proposal, Zoning Code Rewrite Dear Mr. Ramirez: Irvine Riverside Palm Springs As a result of our meeting with you and the rest of the interview panel on Monday, March 12, 2007, we are submitting the attached addendum to our proposal for the Zoning Code rewrite dated February 23, 2007. At the panel's request, we are adding three pubic workshops to our proposal as a new task and increasing the number of public hearings with the Planning Commission from two to six. In addition, we are proposing to increase the budget for the CEQA documentation from $5,800 to $9,500 because our first estimate was too low and did not consider implementation of the LCP and an additional meeting with staff. We also recommend increasing the contingency budget from $41,258 to $60,000 to help ensure a sufficient project budget and avoid having to req uest additional funds in the future. Respectfully submitted, Ron Pflugrath, AICP Senior Project Manager Hogle- Ireland, Inc. Attachment: Addendum to Proposal for Zoning Code Rewrite hog] ei v e Ia. d. com 3C CITY OF NEWPORT BEACH Proposal for Zoning Code Rewrite Exhibit A ADDENDUM TO PROPOSAL March 13, 2007 Following is an addendum to the proposal submitted by Hogle- Ireland for the City of Newport Beach Zoning Code rewrite, dated February 23, 2007. 1. Add new task for public workshops 4.3 Public Workshops. The consultant team will facilitate up to three public workshops with the intent of informing the public about the General Plan implementation process through the comprehensive rewrite of the City's Zoning Code. The workshops are intended to provide the public with information about the Zoning Code rewrite process and to seek input from the public relative to specific concerns. At least three consultant team members will attend each of the workshops. The consultant will provide informational handout material and visual presentation materials (e.g., PowerPoint or presentation boards) as necessary to facilitate the workshops. Staff will be responsible for providing public notices for the workshops, arranging the meeting place, and providing copies of handout material for workshop attendees. Products. Facilitation of three public workshops and provision of presentation materials 2. Amend Task 5.1, Planning Commission Workshops /Hearings Amend first paragraph of Task 5.1 to include six workshops /hearings with the Planning Commission. Replace first paragraph with the following: 5.1 Planning Commission Workshops /Hearings. The consultant team will attend and participate in up to six public workshops and/or hearings with the Planning Commission to review the draft Zoning Code. If desired by the City, the consultant team will attend additional meetings on a time -and- materials basis. 3. Amend CEQA Documentation Budget Amend "Optional Cost" budget for CEQA Documentation from $5,858 to $9,500. See Exhibit B. 4. Amend Contingency Reserve Budget Amend "Contingency Reserve" budget from $41,258 to $60,000. See Exhibit B. 1 CITY OF NEWPORT BEACH Proposal for Zoning Code Rewrite Exhibit B ADDENDUM TO PROPOSAL March 13, 2007 BUDGET Scope Refinement and Committee and City Staff Participation 1.1 Initial Scoping Meeting 1.2 Document Review 1.3 Initial Committee Meeting 1.4 Summary Matrix of Zoning Code Issues Zoning Code Preparation 2.1 Draft Zoning Code Format and Outline 2.2 Zoning Distract Provisions 2.3 General Dmelopmerd and Specific Use Standards 2.4 Administrative Provisions 2.5 Preliminary Draft Zoning Code 2.6 Screencneck Draft Zoning Code 2.7 Public Renew Draft Zoning Cade Specific Plans 3.1 Document Review 3.2 Aduse Staff Regarding Updates 3.3 Map and Text Changes Committee Meetings and Team Coordination 4,1 Committee Mectings(1B) 4,2 Project Coordination 4,3 Public Workshops Public Review and Adoption 5,1 Planning Commission Workshops/Hearings (8) 5.2 City Council Workshops/Hearings (2) 5,3 Screenclx ck Final Zoning Code 5,4 Final Zoning Code 20 I Staff Time ours) $27.600 $3,800 961 321 Oraphks, Task Principals AssoclaR i Document Total Task Cost 241 81 41 36 Design! Hours )Production Scope Refinement and Committee and City Staff Participation 1.1 Initial Scoping Meeting 1.2 Document Review 1.3 Initial Committee Meeting 1.4 Summary Matrix of Zoning Code Issues Zoning Code Preparation 2.1 Draft Zoning Code Format and Outline 2.2 Zoning Distract Provisions 2.3 General Dmelopmerd and Specific Use Standards 2.4 Administrative Provisions 2.5 Preliminary Draft Zoning Code 2.6 Screencneck Draft Zoning Code 2.7 Public Renew Draft Zoning Cade Specific Plans 3.1 Document Review 3.2 Aduse Staff Regarding Updates 3.3 Map and Text Changes Committee Meetings and Team Coordination 4,1 Committee Mectings(1B) 4,2 Project Coordination 4,3 Public Workshops Public Review and Adoption 5,1 Planning Commission Workshops/Hearings (8) 5.2 City Council Workshops/Hearings (2) 5,3 Screenclx ck Final Zoning Code 5,4 Final Zoning Code 20 I 1 20 $27.600 $3,800 961 321 i 128! 17 361 24 84 40 40 $6,000 241 81 41 36 $4,740 161 tlI $27.600 24 $3,240 8, 81 361 24 84 1 761 $2.040 1 241 16' 41 44 $5,560 it 540 72 36 646 $91,260 50 60 $12,000 106 24 241 1bul $20,520 720 48 76B $27.600 40 8 4B $6.600 241 361 24 84 $9,180 161 241 321 72 $7,320 Totaliburs 2384 500 9321 3316 s.',.. Miscellaneous expenses: telephone, pdnling, shipping (Not to exceed) $7,500 Travel expenses - 24 meetings (Not to exceed) $3,500 OTAL ESTIMATED COST $447,600 The fees contained in Ns protomf budget shall be valid for a period of 90 days. City of Newport Beach NO. BA- 07BA -061 BUDGET AMENDMENT 2006 -07 AMOUNT: Ss32 a2o.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues NX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations to approve a professional services agreement with Hogle- Ireland for the Zoning Code Rewrite and CEQA Review. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund - Fund Balance Description Signed: Signed: Signed: Financial Approval: Admini rative Services Director Administrative rova: City Manager City Council Approval: City Clerk Amount Debit Credit $632,420.00 $632,420.00 Date O to Date Description Division Number 2710 Planning - Administration Account Number 82932 Zoning Code Rewrite Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Financial Approval: Admini rative Services Director Administrative rova: City Manager City Council Approval: City Clerk Amount Debit Credit $632,420.00 $632,420.00 Date O to Date